GTE Marketing, Inc. v. Colonial Aluminum Sales, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*87OPINION OF THE COURT
Titone, J. P.
In this action to recover damages for breach of contract, defendant appeals from an order of the Supreme Court, Suffolk County, which denied its motion for summary judgment. At issue is the reach of the issue preclusion branch of the doctrine of former adjudication. We conclude that an alternative finding made in two other consolidated actions brought by plaintiff that enforcement of its contract would be “shocking to the conscience of the Court”, is binding upon plaintiff in this action. Further, the only opposition to the motion for summary judgment…
2Cases cited29 opinions
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- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Auerbach v. BennettNew York Court of Appeals · 1979
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
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- Lehman v. PiontkowskiAppellate Division of the Supreme Court of the State of New York · 1987
- Vernam v. Hyster Co.Appellate Division of the Supreme Court of the State of New York · 1990
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