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  5. 79 A.D.2d 1001 (1981)
 

75 HENRY ST. GARAGE, INC. v. WHITMAN OWNER CORP.

79 A.D.2d 1001 (1981)

75 Henry Street Garage, Inc., Appellant, v. Whitman Owner Corp., Respondent

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

January 19, 1981

Judgment affirmed, with costs.

The referee properly determined that the instant action was barred by the doctrine of res judicata due to the judgment in a prior declaratory judgment action between the parties involving the interpretation of the same tax escalation clause (Whitman Owner Corp. v 75 Henry St. Garage, 56 A.D.2d 867, mot for lv to app den 42 N.Y.2d 810). The enactment of section 235-c of the Real Property...

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