RODDEN v. AXELROD


79 A.D.2d 29 (1981)

John Rodden et al., Doing Business as Crest Hall Health Related Facility, Appellants, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents. (And Another Related Action.)

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

February 5, 1981


Attorney(s) appearing for the Case

O'Connell & Aronowitz, P. C. (Cornelius D. Murray and Robert E. Ganz of counsel), for appellants.

Robert Abrams, Attorney-General (Stanley Fishman, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for respondents.

KANE, J. P., MAIN, MIKOLL and HERLIHY, JJ., concur.


CASEY, J.

The issue presented on this appeal is whether the plaintiffs' causes of action are barred, under the principles of res judicata or collateral estoppel, by the final judgment entered in Matter of Kaye v Whalen (56 A.D.2d 111, affd 44 N.Y.2d 754). We conclude that they are not barred and, therefore, reverse Special Term...

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