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SUN PLAZA ENTERPRISES CORP. v. CROWN THEATRES, L.P.

307 A.D.2d 351 (2003)

762 N.Y.S.2d 833

SUN PLAZA ENTERPRISES CORP., Respondent, v. CROWN THEATRES, L.P., et al., Appellants.

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

Decided July 28, 2003.

Ordered that the order dated December 6, 2000, is affirmed insofar as appealed from; and it is further,

Ordered that the order dated March 21, 2001, is reversed, on the law, and the motion for leave to reargue is denied; and it is further,

Ordered that one bill of costs is awarded to the defendants.

The Supreme Court correctly determined that the defendants' second counterclaim sounding in fraud was barred by the doctrine of res judicata since that...

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