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BANK OF SANTA FE v. MARCY PLAZA ASSOCIATES

No. 21,389.

40 P.3d 442 (2001)

131 N.M. 537

2002-NMCA-014

The BANK OF SANTA FE, a New Mexico banking corporation, Trustee of the Walter L. Goodwin, Jr. Trust in the name of Ban San Co., a partnership nominee, Plaintiff-Appellant, v. MARCY PLAZA ASSOCIATES, a New Mexico general partnership, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied January 28, 2002.

Attorney(s) appearing for the Case

Steven L. Tucker, Tucker Law Firm, P.C., Santa Fe, NM, for Appellant.

John M. Eaves, Derek V. Larson, Eaves, Bardacke, Baugh, Kierst & Kiernan, P.A., Albuquerque, NM, for Appellee.

OPINION

CASTILLO, Judge.

{1} This case requires us to determine whether, under principles of res judicata, Marcy Plaza Associates' (Marcy Plaza) claim that it overpaid rent is barred by a prior arbitration between the parties. Marcy Plaza is the lessee of property in Santa Fe, on which it operates a retail and office complex. The Bank of Santa Fe (Bank) is the lessor. Under the lease, Marcy Plaza's lease payments...

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