GRAMATAN HOME v. LOPEZ


46 N.Y.2d 481 (1979)

Gramatan Home Investors Corp., Successor in Interest to Gramatan Co., Ltd., Home Investors Trust, Appellant, v. Louis N. Lopez et al., Respondents.

Court of Appeals of the State of New York.

Decided February 15, 1979.


Attorney(s) appearing for the Case

Thomas A. Dussault for appellant.

Joseph E. Rosch for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Chief Judge COOKE.


Chief Judge COOKE.

The ultimate issue presented is whether the grant of summary judgment in favor of defendants was proper. The courts below reasoned that the judgment in a consumer fraud action prosecuted successfully by the Attorney-General against plaintiff's assignor collaterally estopped plaintiff from raising certain matters determined there in this subsequent litigation. We hold to the contrary, since...

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