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GARGIULO v. OPPENHEIM

95 A.D.2d 484 (1983)

Vincent Gargiulo et al., Respondents, v. Murray L. Oppenheim et al., Defendants, and Harry Licht, Appellant. (And a Third-Party Action.)

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

October 11, 1983

Attorney(s) appearing for the Case

Shaw, Goldman, Licitra, Levine & Weinberg, P. C. (Richard Eisenberg of counsel), for appellant.

Irving L. Schuh (Marshall D. Sweetbaum of counsel), for respondents.

THOMPSON, J. P., BRACKEN, RUBIN and BOYERS, JJ., concur.

Per Curiam.

We are asked upon this appeal to determine whether the plaintiffs' claim against defendant Licht for the return of the sum of $112,000, predicated upon a claim of unjust enrichment, is barred by reason of the application of the doctrine of claim preclusion (res judicata), and, if it is not so barred, whether plaintiffs are entitled to recover upon such claim.

Hendway Associates, Inc. (hereinafter...

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