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MODELL & CO. v. MINISTER

68 N.Y.2d 456 (1986)

Henry Modell and Co., Inc., Appellant, v. Minister, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 25, 1986.

Attorney(s) appearing for the Case

David Rosenberg and Walter Feldesman for appellant.

Philip L. Graham, Jr., and Robert B. Calihan for respondent.

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

TITONE, J.

This appeal concerns the application of RPAPL 747 (2), which modifies the common-law principles governing the preclusive effects of judgments, to a case in which the losing defendant in a summary holdover proceeding has commenced a new action to recover possession on the basis of a theory not asserted in the first proceeding. Because plaintiff did not commence...

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