BETHLEHEM STEEL CORP. v. SOLOW


72 A.D.2d 722 (1979)

Bethlehem Steel Corporation, Appellant-Respondent, v. Sheldon H. Solow, Individually and Doing Business as Solovieff Realty Co. and as Solow Building Company, et al., Respondents-Appellants

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

November 27, 1979


The prior proceeding between the parties under section 38 of the Lien Law (Solow v Bethlehem Steel Corp., 60 A.D.2d 826) does not constitute collateral estoppel in the present case. A proceeding under section 38 of the Lien Law, essentially to obtain information in the nature of a bill of particulars, presents sufficiently different issues and is so tangential that we do not think that incidental...

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