RUTH v. SHALOM BROTHERS, INC.


276 A.D.2d 408 (2000)

714 N.Y.S.2d 482

PHILIP F. RUTH, Appellant, v. SHALOM BROTHERS, INC., et al., Respondents.

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

Decided October 24, 2000.


Only the fifth cause of action should have been dismissed on res judicata grounds. A previous nonpayment summary proceeding against defendant tenant Shalom Brothers, Inc. was settled by stipulation, wherein, in consideration of payment of Shalom's rent through a specific future date, plaintiff landlord agreed to discontinue a then pending action in Supreme Court brought to enforce the individual defendants' guarantees. We find that under that stipulation, any subsequent default...

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