Lynch v. Bailey

279 A.D. 650 | N.Y. App. Div. | 1951

Present — Glennon, J. P., Dore, Cohn and Callahan, JJ.; Callahan, J., dissents and votes to reverse and deny the motion in the following memorandum: In the prior action, the plaintiff sought an injunction as well as declaratory judgment and he might have secured damages in that suit and the judgment is, therefore, res judicata. [See post, p. 789.]