O’Brien v. City of Syracuse
Court of Appeals of New York
429 N.E.2d 1158 (1981)
O’Brien and one or more other persons (plaintiffs) sued the City of Syracuse and one or more other parties (defendants), alleging an unlawful taking of real property without just compensation. After a nonjury trial, the court dismissed plaintiffs’ suit for failure to establish a de facto taking. That decision was affirmed on appeal. Later, plaintiffs filed a second suit in which they alleged essentially the same facts but also that their property had been taken by tax deed and that recovery was warranted because defendants trespassed upon and damaged that property. Defendants moved to dismiss the complaint on the basis of res judicata, among other grounds. Citing Smith v. Kirkpatrick, 111 N.E.2d 209 (N.Y. 1953), the trial court ruled that the suit was not barred by res judicata because the subsequent cause of action involved substantially different elements of proof compared to the prior suit. The Appellate Division reversed. Plaintiffs appealed.
Rule of Law
Holding and Reasoning
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.