MOSKOWITZ v. B.F. & W. REALTY CO.


221 A.D.2d 188 (1995)

633 N.Y.S.2d 161

Henry Moskowitz, Appellant-Respondent, v. B.F. & W. Realty Co. et al., Respondents-Appellants, et al., Defendant

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

November 9, 1995


Plaintiff is collaterally estopped from challenging the 1993 notice by the decision in the prior action that denied his motion to enjoin enforcement of that notice on the ground that, contrary to his argument that the notice had not been issued by a proper majority of the venturers because one of the issuers was in default of the 1992 notice, no venturer could be considered in default of a notice unless and until so adjudicated. We disagree with plaintiff that the decision...

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