Renel Construction Inc. v. Brooklyn Cooperative Meat Distribution Center Inc.

Kupferman, J. P. (dissenting in part).

While I concur in the analysis, I believe that the city is collaterally estopped to deny its obligation by virtue of its failure to appeal from the determination in Empire Elec. Contrs. v Fabber (71 Misc 2d 167). (Cf. Patrolmen’s Benevolent Assn. v City of New York, 41 NY2d 205, affg 52 AD2d 43.)

Birns and Lane, JJ., concur with Silverman, J., in first above-entitled action; Kupferman, J. P., dissents in part in an opinion.

Kupferman, J. P., Birns and Lane, JJ., concur in second above-entitled action.

Order in first above-entitled action, Supreme Court, New…