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THE NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND v. BLAKEL CONSTRUCTION CORP.

34 A.D.3d 303 (2006)

824 N.Y.S.2d 89

THE NEIGHBORHOOD PARTNERSHIP HOUSING DEVELOPMENT FUND et al., Appellants, v. BLAKEL CONSTRUCTION CORP. et al., Respondents, et al., Defendants.

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

Decided November 14, 2006.

The denial of plaintiffs' motion for summary judgment in the underlying action was not collateral estoppel as to the instant motion in this declaratory judgment action. The denial of a motion for summary judgment is not a bar to a similar motion in a subsequent action because it is not an adjudication on the merits (see Clearwater Realty Co. v Hernandez, 256 A.D.2d 100, 101 [1998]). The...

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