Flynn v. Sinclair Oil Corp

In Flynn v. Sinclair Oil Corp., 20 AD2d 636, 246 N.Y.S.2d 360 [1st Dept 1964], the plaintiff served on the defendants a complaint that, "except for an added irrelevant allegation was virtually identical to one previously dismissed" by the trial court, and although the trial court admitted the second complaint, the Appellate Division reversed the trial court's decision, holding that the second action was: "Barred on the ground of res judicata, and the second complaint should have been dismissed" (20 AD2d at 637, citing Linton v. Perry Knitting Co., 295 NY 14, 64 N.E.2d 270 1945 holding that "apart from any question of res adjudicata, an action is properly dismissed when it is based upon a complaint similar in all respects to that in an earlier action between the same parties which had been finally dismissed, even though the earlier judgment was not on the merits.").