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64 B VENTURE v. AM. REALTY CO.

194 A.D.2d 504 (1993)

599 N.Y.S.2d 567

64 B Venture, Respondent, v. American Realty Co., Respondent, and American Nursing Home et al., Appellants

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

June 29, 1993

To the extent respondents' challenge to the receivership is an effort to relitigate their claims for unjust enrichment and unlawful eviction, such arguments are barred by the doctrine of res judicata (Eidelberg v Zellermayer, 5 A.D.2d 658, 663, affd 6 N.Y.2d 815). Further, the Supreme Court properly exercised its equitable powers to appoint the receiver to operate the nursing home (People...

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