New York Court of Appeals

Julien J. Studley, Inc. v. Samuel J. Lefrak

December 17, 197948 N.Y.2d 954

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the proceeding to enforce a prior judgment under CPLR 5225(b) is not barred by res judicata. The Court reasoned that the earlier breach of contract action sought a different remedy and required different proof, so the later action is permissible.