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ZARCONE v. PERRY

55 N.Y.2d 782 (1981)

Thomas Zarcone, Appellant, v. William M. Perry et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 17, 1981.

Attorney(s) appearing for the Case

Arnold B. Firestone and Adrienne M. Mirro for appellant.

Edward J. Hart and Wade T. Dempsey for William M. Perry, respondent.

Mark J. Hanlon and James M. Maloney for Robert J. Anderson and others, respondents.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Order affirmed, with costs, for the reasons stated in the opinion by Justice JAMES D. HOPKINS at the Appellate Division (78 A.D.2d 70), insofar as the result is based upon the principles of res judicata and collateral estoppel. However, we express no view regarding the applicability of the rule prohibiting double recovery, as we conclude that it is unnecessary to reach...

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