TIMMINS v. ATAMANUK


245 A.D.2d 121 (1997)

665 N.Y.S.2d 886

Elizabeth D. Timmins, Appellant, v. James Atamanuk, Respondent

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

December 16, 1997


The IAS Court correctly held that plaintiff tenant is collaterally estopped from challenging the authenticity of the leases submitted by defendant landlord in plaintiff's rent overcharge proceeding. Plaintiff had a full and fair opportunity to litigate this point at the hearing before the Division of Housing and Community Renewal and in her CPLR article 78 proceeding before the Supreme Court, and the issue was necessarily decided against her on both occasions (see...

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