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NORTH SIDE SAV. BANK v. ARIEH

210 A.D.2d 107 (1994)

620 N.Y.S.2d 47

North Side Savings Bank, Respondent, v. George Arieh et al., Defendants, Shoshana Arashi-Levy, Appellant, and David Cesaro et al., Respondents. Stanley M. Klein, as Receiver, Respondent

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

December 13, 1994

Contrary to appellant's contention, the doctrines of res judicata, collateral estoppel, and law of the case are inapplicable to the decision of Justice Cahn "so ordered" on March 10, 1994 in appellant's action seeking, inter alia, to rescind the sublease, which order directed the subtenants to pay appellant overtenant the monthly rent specifically conditioned upon appellant's payment to the receiver of all rent due and owing...

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