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MT/Z&Z CO., INC. v. ZIMMERING & ZINN, INC.

260 A.D.2d 168 (1999)

687 N.Y.S.2d 366

MT/Z&Z CO., INC., et al., Respondents, v. ZIMMERING & ZINN, INC., et al., Appellants.

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

Decided April 1, 1999.

The instant appeals arise out of the breakup of MT, formed by the merger of Madison Type, controlled by plaintiffs herein Nancy Brannigan and Lee Einzig, and Z&Z, controlled by defendants herein Zimmering and Zinn. Preliminarily, a prior action commenced by Zimmering, Zinn and Z&Z against Brannigan and Einzig has no res judicata or collateral estoppel effect in this action, Justice Gammerman having specifically ruled that Brannigan and Einzig could institute an action...

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