23RD ST. PROPS. v. NEW YORK MERCH. CO., INC.


51 A.D.2d 703 (1976)

23rd Street Properties, Appellant-Respondent, v. New York Merchandise Co., Inc., Respondent-Appellant

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

February 17, 1976


To the extent that defendant claims that there are issues in this case (other than the amount of the escalation for 1975) which are not foreclosed under the doctrine of collateral estoppel by the judgment in the previous action between the parties covering the period ending October 31, 1974, defendant has failed to produce any evidence to support those issues, and, therefore, plaintiff is entitled to summary judgment. Unspecified possible breach by the landlord of unspecified...

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