Rudey v. Brown, Harris, Steven, Inc.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered February 11, 1997, insofar as it denied the motion of third-party defendant Landmarks Preser*134vation Commission of the City of New York (Landmark Commission) to dismiss the third-party complaint, and order, same court and Justice, entered May 15, 1997, insofar as it, upon reargument, adhered to the court’s prior determination that Landmark Commission was barred from relitigating the issue of whether it had filed an historic designation for the property in question, unanimously affirmed, without costs.

Since the complaint in the…