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Top Tile, Ltd. v. Maslow

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1987
132 A.D.2d 697 (N.Y. App. Div. 1987)

Opinion

July 27, 1987

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


Ordered that the order is affirmed insofar as appealed from, with costs.

The court properly dismissed the appellant's counterclaim on the ground that it was barred by the doctrine of collateral estoppel. The appellant had a full and fair opportunity to litigate the issues raised on his counterclaim in a prior action brought by him, inter alia, against his brother, the director of the plaintiff corporations (see, Stone v. Stone, 109 A.D.2d 834, appeal dismissed 65 N.Y.2d 1053). Thus, he is barred from relitigating these issues (see, S.T. Grand, Inc. v. City of New York, 32 N.Y.2d 300, rearg denied 33 N.Y.2d 658; Schwartz v Public Adm'r of County of Bronx, 24 N.Y.2d 65; Leonard Park Off. Plaza v. P P Sheet Metal Works, 51 A.D.2d 537, lv denied 39 N.Y.2d 705). Mollen, P.J., Brown, Weinstein and Rubin, JJ., concur.


Summaries of

Top Tile, Ltd. v. Maslow

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1987
132 A.D.2d 697 (N.Y. App. Div. 1987)
Case details for

Top Tile, Ltd. v. Maslow

Case Details

Full title:TOP TILE, LTD., et al., Respondents, v. JAMES MASLOW, Defendant, and…

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

Date published: Jul 27, 1987

Citations

132 A.D.2d 697 (N.Y. App. Div. 1987)