279 A.D. 650 · Appellate Division of the Supreme Court of the State of New York · Nov 27, 1951
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Peter F. Lynch v. George D. Bailey, Doing Business as Touche, Niven, Bailey & Smart
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.]
