Trump Empire State Partners v. Empire State Building Associates

—Order, Supreme Court, New York County (Edward Lehner, J.), entered October 29, 1996, which, to the extent appealed from, granted defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.

The contract claims were properly dismissed because they will be addressed in other litigation (CPLR 3211 [a] [4]). Since substantial identity of parties (see, Employers Ins. v Primerica Holdings, 199 AD2d 178) and “essential” identity of issue (see, Parker v Rich, 140 AD2d 177) were demonstrated, dismissal of the agreement-based claims was a proper exercise of discretion (see, Morgulas v…