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HUDSON ELECTRICAL CONTRACTORS, INC. v. MERRIAM GATEWAY ASSOCIATES

279 A.D.2d 611 (2001)

719 N.Y.S.2d 881

HUDSON ELECTRICAL CONTRACTORS, INC., Plaintiff, v. MERRIAM GATEWAY ASSOCIATES, Defendant. (And a Third-Party Action.) (Action No. 1.) YORK/HUNTER, INC., Respondent, et al., Plaintiffs, v. MERRIAM GATEWAY ASSOCIATES et al., Appellants. (Action No. 2.)

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

Decided January 29, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contention, Action No. 2 is not barred by the doctrine of collateral estoppel (see, Kaufman v Eli Lilly & Co., 65 N.Y.2d 449).

The appellants' remaining contentions are either without merit or improperly raised for the first time on appeal (see, Block v Magee, 146 A.D.2d 730

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