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S. T. GRAND, INC. v. CITY OF N. Y.

32 N.Y.2d 300 (1973)

S. T. Grand, Inc., Appellant, v. City of New York, Respondent, and Third-Party Plaintiff; Shamoon Industries, Inc., Warren Foundry and Pipe Division, Third-Party Defendant.

Court of Appeals of the State of New York.

Decided May 4, 1973.

Attorney(s) appearing for the Case

William T. Griffin for appellant.

Norman Redlich, Corporation Counsel (Nina G. Goldstein and Stanley Buchsbaum of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER concur.

JASEN, J.

The primary issue presented on this appeal is whether a criminal conviction is conclusive proof of its underlying facts in a subsequent civil action. If such a conviction is conclusive, the second issue is whether the equitable remedy which this court fashioned in Gerzof v. Sweeney (22 N.Y.2d 297) is available to the appellant.

In November, 1966, plaintiff...

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