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.