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TRUMP EMPIRE STATE PARTNERS v. EMPIRE STATE BLDG. ASSOCS.

245 A.D.2d 188 (1997)

665 N.Y.S.2d 891

Trump Empire State Partners, Appellant, v. Empire State Building Associates et al., Respondents

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

December 18, 1997

The contract claims were properly dismissed because they will be addressed in other litigation (CPLR 3211 [a] [4]). Since substantial identity of parties (see, Employers Ins. v Primerica Holdings, 199 A.D.2d 178) and "essential" identity of issue (see, Parker v Rich, 140 A.D.2d 177) were demonstrated, dismissal of the agreement-based claims was a proper exercise of discretion...

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