Legal Opinion

Fairmeadows Mobile Village, Inc. v. Shaw

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

Decided March 29, 1962PublishedCited by 13 opinions

1Opinion of the CourtBastow, J.

In this article 78 proceeding appellants, as various officials of the Town of Newfane, have been ordered to issue a license to petitioner for a house-trailer camp on premises leased by it from third parties. Special Term in its opinion, *139among other things, decided that a prior action (Town of Newfane v. Fairmeadows Mobile Vil., 6 A D 2d 755) had conclusively established the rights of the parties and a finding made therein had “ become the fact of this case as a matter of law.”

The general principle is recognized that “ a fact, once decided in an earlier suit, is conclusively established…

2Cases cited3 opinions

  1. Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
  2. Devito v. PearsallSupreme Court of New Jersey · 1935
  3. Martin v. CestoneNew Jersey Superior Court Appellate Division · 1954

3Cited by13 opinions

  1. Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
  2. Rudolf Steiner Fellowship Foundation v. De LucciaNew York Court of Appeals · 1997
  3. Cave v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1975
  4. Greene v. Town of Blooming GroveCourt of Appeals for the Second Circuit · 1989
  5. Syracuse Aggregate Corp. v. WeiseAppellate Division of the Supreme Court of the State of New York · 1980

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