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64 W. PARK AVE. v. PARLONG REALTY

77 Misc.2d 1019 (1974)

64 West Park Avenue Corp., Plaintiff, v. Parlong Realty Corp. et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 26, 1974

Attorney(s) appearing for the Case

Morton D. Gottlieb for Parlong Realty Corp. and others, defendants. Roy Tepper for Norman L. Kanfer, defendant. Patricia Jean Lang for plaintiff.

BERTRAM HARNETT, J.

Does a default judgment dismissing a counterclaim in a small claims action in the Nassau County District Court operate to bar further litigation in the State Supreme Court on the issues raised in that pleading? Motions to dismiss this action upon the ground of res judicata raise this unusual point.

We rule below that there is such a res judicata. We rest this view in...

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