GTF MKTG. v. COLONIAL


108 A.D.2d 86 (1985)

Gtf Marketing, Inc., Respondent, v. Colonial Aluminum Sales, Inc., Appellant

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

April 22, 1985


Attorney(s) appearing for the Case

Jessel Rothman, P. C. (Margaret D. Kranz on the brief), for appellant.

Howard L. Blau for respondent.

GIBBONS, J., dissents and votes to affirm the order appealed from, with an opinion.


TITONE, J. P.

In this action to recover damages for breach of contract, defendant appeals from an order of the Supreme Court, Suffolk County, which denied its motion for summary judgment. At issue is the reach of the issue preclusion branch of the doctrine of former adjudication. We conclude that an alternative finding made in two other consolidated actions brought by plaintiff that enforcement of its contract...

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