New York Court of Appeals

Henry Modell and Co., Inc., Appellant v. Minister, Elders and Deacons of the Reformed Protestant Dutch Church of…

November 25, 198668 N.Y.2d 456

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiff's action, holding that the claim was barred by common‑law res judicata and that RPAPL 747(2) could not save the claim because the action was not filed within sixty days of entry of the Civil Court judgment.