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LEONARD PARK OFFICE PLAZA v. P & P SHEET METAL WORKS, INC.

46 A.D.2d 652 (1974)

Leonard Park Office Plaza, Appellant, v. P & P Sheet Metal Works, Inc., et al., Respondents

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

October 7, 1974

Order affirmed insofar as appealed from, with a separate bill of $20 costs and disbursements to each defendant.

We agree with Mr. Justice Marbach at Special Term that plaintiff is estopped from proceeding with this action, because, in a prior action between plaintiff's nominee LMC and defendants, involving the foreclosure of ITT's mechanic's lien on plaintiff's building (the building was held in the name of LMC), the claims alleged in plaintiff's complaint were adjudicated...

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