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JEWETT HOMES, INC. v. CIARDIELLO

39 A.D.2d 581 (1972)

Jewett Homes, Inc., et al., Respondents, v. James Ciardiello et al., Appellants

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

April 17, 1972

Order affirmed, with $10 costs and disbursements.

Neither res judicata nor collateral estoppel may be applied since the court in the first action denied the plaintiffs herein the right to raise the claim as a defense to the first action. Further, since we are reversing the judgment in the first action (see Ciardiello v. Pugliese, 39 A.D.2d 562) and ordering a new trial, there is no prior judgment on which to find that...

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