Legal Opinion

County of Nassau v. Flushing Ultrasound, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 24, 2003Published

1Opinion of the Court

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (Burke, J.), entered September 27, 2002, which denied their preanswer motion to dismiss the complaint pursuant to CFLR 3211 (a) (5) and (7).

Ordered that the order is affirmed, with costs.

Contrary to the defendants’ assertion, the holding in an underlying declaratory judgment action (see Campanelli v Flushing Ultrasound Servs., 287 AD2d 428 [2001]) did not collaterally estop the County of Nassau from seeking damages against the defendants for breach of…

2Cases cited6 opinions

Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
State v. County of SullivanNew York Court of Appeals · 1977
ELRAC, Inc. v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2000

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