SCRIBNER CO. v. ESTATE OF FINE


161 A.D.2d 175 (1990)

Scribner Company, Appellant, v. Estate of Jacob A. Fine et al., Respondents, and United States of America, Intervenor-Respondent

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

May 1, 1990


The record reveals that plaintiff's underlying action, seeking a declaratory judgment that the Scribner partnership was entitled to the estate's 30% share of surplus moneys from the foreclosure sale of the Scribner building, which 30% interest in the property was recorded in the name of decedent Jacob A. Fine, was barred by the doctrine of res judicata.

Specifically, in a prior proceeding to determine entitlement to the surplus moneys, purported Scribner partners...

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