High Return Properties, S.A., Inc. v. Calka

Full title: HIGH RETURN PROPERTIES, S.A., INC., Respondent, v. LISA CALKA, Appellant

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

Date published: Dec 8, 1998

256 A.D.2d 82 (N.Y. App. Div. 1998)

681 N.Y.S.2d 246

Opinion

December 8, 1998

Appeal from the Supreme Court, New York County (Sheila Abdus-Salaam, J.).

The IAS Court correctly held that its order of October 16, 1996, issued in plaintiffs prior proceeding against defendant for a writ of assistance (RPAPL 221) and fixing the amount of an appeal bond after a hearing, collaterally estops defendant from relitigating the amount of use and occupancy she owes plaintiff. Defendant's claim that plaintiff is not a proper party could and should have been raised in the prior proceeding, and in any event is not a ground for dismissing the action ( see, Bova v. Vinciguerra, 139 A.D.2d 797, 799).

Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.