264 A.D. 981 | N.Y. App. Div. | 1942
— Defendants have appealed from an order of the Albany Special Term of the Supreme Court denying their motion for dismissal of the complaint under subdivision 5 of rule 107 of the Rules of Civil Practice, upon the ground that there exists a final judgment determining the cause of action stated in the complaint. On March 4, 1941, an automobile owned and operated by plaintiff collided with an automobile owned by the defendant Falkow and operated by the co-defendant, as a result of which it is said that plaintiff sustained personal injuries. Plaintiff had collision insurance and his insurance carrier brought an action in the Albany City Court against the defendant Falkow to recover the damages which it sustained as a result of damages to plaintiff’s car. That action resulted in a verdict