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Matter of Pete Klein Associates v. Goldenberg

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1992
183 A.D.2d 717 (N.Y. App. Div. 1992)

Opinion

May 4, 1992

Appeal from the Supreme Court, Westchester County (Ruskin, J.).


Ordered that the judgment is modified, on the law, by deleting therefrom the sum of $10,189.44 and substituting therefor the sum of $9,189.44, and by deleting therefrom the sum of $13,183.64 and substituting therefor the sum of $12,183.64; as so modified, the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the appeal from the order is dismissed as academic in light of the disposition of the appeal from the judgment; and it is further,

Ordered that the respondents are awarded one bill of costs.

"It is fundamental that the doctrines of res judicata and collateral estoppel apply to issues resolved in an earlier arbitration proceeding" (Dimacopoulos v. Consort Dev. Corp., 158 A.D.2d 658, 659). We find that the arbitration proceeding commenced by Barbi and Bruce Goldenberg was properly enjoined.

Further, upon reviewing the award of the arbitrator granted in favor of the petitioners, the record clearly demonstrates that the amount of the award was incorrectly entered by the Clerk of the Supreme Court. Mangano, P.J., Bracken, Pizzuto and Santucci, JJ., concur.


Summaries of

Matter of Pete Klein Associates v. Goldenberg

Appellate Division of the Supreme Court of New York, Second Department
May 4, 1992
183 A.D.2d 717 (N.Y. App. Div. 1992)
Case details for

Matter of Pete Klein Associates v. Goldenberg

Case Details

Full title:In the Matter of PETE KLEIN ASSOCIATES, INC., et al., Respondents, v…

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

Date published: May 4, 1992

Citations

183 A.D.2d 717 (N.Y. App. Div. 1992)

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