Appellants were accorded a full and fair opportunity in the Civil Court holdover proceeding appellant landlord had commenced against plaintiff to litigate the issue of whether plaintiff had been constructively evicted when it was deprived of the refrigerated space that was part of the leased premises. Accordingly, appellants are collaterally estopped from asserting otherwise in this action (see, P.W.B. Enters. v Moklam Enters.,
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H.K.D. SEAFOOD INCORPORATED v. 25 NORTH MOORE ASSOCIATES, L. L. C.
271 A.D.2d 351 (2000)
707 N.Y.S.2d 83
H.K.D. SEAFOOD INCORPORATED, Respondent, v. 25 NORTH MOORE ASSOCIATES, L. L. C., et al., Appellants, et al., Defendant. (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided April 25, 2000.
Decided April 25, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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