222 Bloomingdale Road Associates v. NYNEX Properties Co.

In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered December 12, 1995, as denied its motion to dismiss the plaintiff’s complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the Supreme Court properly denied its motion to dismiss the plaintiff’s complaint since there was no determination in a prior action between the parties concerning the merits of the plaintiff’s claim for…