B. R. Dewitt v. Albert Hall

In September, 1961, defendant Hall's jeep collided with and damaged a cement mix truck owned by plaintiff and operated by one Farnum. Farnum sued defendant for personal injuries, recovering a $5,000 verdict after a jury trial. In May, 1964, about two months after the termination of the Farnum v. Hall lawsuit, plaintiff sued Hall for property damage to its truck in the amount of $8,250. After issue was joined, plaintiff moved for summary judgment under CPLR 3212 upon the ground that the judgment in Farnum v. Hall was "" res judicata of the issues"" in the present action (except, of course, damages). Defendant submitted no papers in opposition. Summary judgment was granted, O'Mara, J., holding that since the issues in both the Farnum action and this were identical -- that is, both cases turned on findings that Hall was negligent and Farnum was not -- the determination of these issues binds Hall.