Briscuso v. Edison Parking Corp.

Full title: FRANK BRISCUSO, as Executor of MARY GARNAS, Also Known as MARY E. GARNAS…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 21, 1995

222 A.D.2d 328 (N.Y. App. Div. 1995)

635 N.Y.S.2d 615

Opinion

December 21, 1995

Appeal from the Supreme Court, New York County (Carol Arber, J.).

There being a conflict between the court's decision, which grants preclusion unconditionally, and its order, which grants preclusion conditionally, the decision controls, and the order should be resettled accordingly ( DiProspero v Ford Motor Co., 105 A.D.2d 479, 480).

Concur — Rosenberger, J.P., Rubin, Asch and Mazzarelli, JJ.

Kupferman, J., dissents in a memorandum as follows:

I would remand to the IAS Judge.

The IAS Judge obviously had second thoughts on the matter and should be the one to make the choice.