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NOWAK v. GRETSCH BLDG. NUMBER FOUR, INC.

20 A.D.2d 793 (1964)

Israel Nowak et al., Plaintiffs, v. Gretsch Building Number Four, Inc., Defendant and Third-Party Plaintiff-Appellant: Maintenance Co., Inc., Defendant and Third-Party Defendant-Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 2, 1964

Order affirmed, with $10 costs and disbursements.

In our opinion, the proposed and the existing issues of active and passive negligence as between Gretsch and Maintenance are identical with those which were litigated by them and determined on the merits in the prior action on claims growing out of the same occurrence (Notow v. Gretsch Bldg. No. 4, 17 A.D.2d 989, mot. for lv. to app. den. 18 A.D.2d 825

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