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CLEMENS v. APPLE

65 N.Y.2d 746 (1985)

John Clemens et al., Appellants, v. Henry R. Apple, Respondent.

Court of Appeals of the State of New York.

Decided June 11, 1985.

Attorney(s) appearing for the Case

Michael T. Wallender, John T. DeGraff, Jr., and James T. Potter for appellants.

Henry Neal Conolly, Michael J. Hutter and Robert P. McNally for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed. While agreeing with the reasons stated by Justice Paul J. Yesawich, Jr., we would only add that the decision of the Appellate Division is fully consistent with our recent holding in Ryan v New York Tel. Co. (62 N.Y.2d 494). In Ryan, we emphasized that the determination of whether to accord collateral estoppel...

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