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Combine Camera Stores, Inc. v. Interphoto

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1979
68 A.D.2d 801 (N.Y. App. Div. 1979)

Opinion

March 1, 1979


Order, Supreme Court, New York County, entered June 28, 1978, dismissing the complaint on the ground of res judicata, is unanimously affirmed, with one bill of costs and disbursements to respondents. In addition to the reasons stated by Justice Hughes, we note that the alleged misconduct of defendants — whether it be labeled breach of contract, fraud, duress or oppression — related to whether or not defendant would agree to a plan of arrangement in the chapter 11 bankruptcy proceeding and thus should be deemed disposed of by the order approving the plan of arrangement. As stated in Miller v. Meinhard-Commercial Corp. ( 462 F.2d 358, 360) "The suit obviously turns upon what could or should have happened in the bankruptcy proceeding." Further, plaintiff corporation as debtor in possession urged this claim in the bankruptcy court as a ground for damages and for disallowing defendant's claim to vote on the plan of arrangement; plaintiff withdrew that claim in open court in connection with the submission of the amended plan of arrangement; and thereafter agreed on the amount of defendant's claim to be allowed in the chapter 11 proceedings, and an order was entered allowing the claim.

Concur — Fein, JJ., Sandler, Sullivan, Lane and Silverman, JJ.


Summaries of

Combine Camera Stores, Inc. v. Interphoto

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1979
68 A.D.2d 801 (N.Y. App. Div. 1979)
Case details for

Combine Camera Stores, Inc. v. Interphoto

Case Details

Full title:COMBINE CAMERA STORES, INC., et al., Appellants, v. INTERPHOTO CORPORATION…

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

Date published: Mar 1, 1979

Citations

68 A.D.2d 801 (N.Y. App. Div. 1979)

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