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SEIDMAN v. MERCHS. BANK OF NEW YORK

243 A.D.2d 350 (1997)

665 N.Y.S.2d 507

Morris Seidman, as Trustee of MS Jewelry Manufacturing Co. Inc. Employees Retirement Trust Fund, Plaintiff, v. Merchants Bank of New York et al., Defendants. Grace Blumetti, Intervenor-Appellant, v. Morris Seidman, as Trustee of MS Jewelry Manufacturing Co. Inc. Employees Retirement Trust Fund, et al., Intervention-Respondents

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

October 21, 1997

Res judicata bars intervenor's litigation of claims based on the same transaction involved in the prior appeal (214 A.D.2d 109), by which time intervenor was a party to the action and in which she had a full and fair opportunity to raise the claims she now wants to press (see, Smith v Russell Sage Coll., 54 N.Y.2d 185, 192...

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