Legal Opinion
3 East 54th Street New York v. Patriarch Partners Agency Services
Appellate Division of the Supreme Court of the State of New York
Decided October 17, 2013Published
1Opinion of the Court
Order, Supreme Court, New York County (Paul G. Feinman, J.), entered July 30, 2012, which granted defendant Petry Holding Inc.’s motion to dismiss the first amended complaint as against it, unanimously affirmed, without costs.
Supreme Court properly dismissed the first amended complaint as against defendant Petry Holding Inc. on the ground that plaintiff is collaterally estopped from attempting to litigate the merits of its claims against Petry Holding again (CPLR 3211 [a] [5]; see W.O.R.C. Realty Corp. v Town of Islip, 104 AD3d 677 [2d Dept 2013]). Plaintiff’s argument that Petry Holding…
2Cases cited6 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Buechel v. BainNew York Court of Appeals · 2001
- B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
- Albilia v. Hillcrest General HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- 3 East 54th Street New York, LLC v. Patriarch Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2011
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