CALVA v. J. LASKIN & SONS CORP.


279 A.D. 850 (1952)

Jose B. Calva et al., Respondents, v. J. Laskin & Sons Corporation et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 13, 1952.


Per Curiam.

The principal question on this appeal is one of res judicata. It is whether a finding of noninfringement in a Wisconsin judgment is equivalent to an adjudication of nonuser of the plaintiff's process by the defendants-appellants prior to 1941.

The Wisconsin judgment was entered on the basis of a stipulation which recited the express form the judgment was to take. This stipulation had been drafted by the attorneys for the parties approximately...

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