Legal Opinion

101 Maiden Lane Realty Co. v. Tran Han Ho

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

Decided October 25, 2011Published

1Opinion of the Court

In affirming the Civil Court’s denial of the motion to vacate the final judgment pursuant to CELR 5015 (a) (3), the Appellate Term held the issue of the validity of the lease has been “firmly and finally resolved in prior litigation,” including an order by this Court affirming the dismissal of a plenary action challenging the validity of the lease on grounds of res judicata and collateral estoppel (Sun Mei Inc. v Chen, 21 AD3d 265 [2005]). While appellants are correct that this court has “inherent and plenary authority to exercise its discretion to review a previous order obtained by means of…

2Cases cited6 opinions

  1. Grasso v. AngeramiNew York Court of Appeals · 1991
  2. Shinn v. CatanzaroAppellate Division of the Supreme Court of the State of New York · 2003
  3. Quinones v. KsieniewiczAppellate Division of the Supreme Court of the State of New York · 2011
  4. Shouse v. LyonsAppellate Division of the Supreme Court of the State of New York · 2004
  5. Cohoes Realty Associates v. Lexington InsuranceAppellate Division of the Supreme Court of the State of New York · 2002

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