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JOHN HOLLINGS, INC. v. NICK & DUKE, LLC

4718, 600298/08.

83 A.D.3d 444 (2011)

919 N.Y.S.2d 851

JOHN HOLLINGS, INC., Appellant, v. NICK & DUKE, LLC, et al., Respondents, et al., Defendants.

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

Decided April 7, 2011.

The issue whether plaintiff was wrongfully deprived of its use of the subject premises was fully and fairly litigated, and necessarily decided, in the prior Civil Court proceeding (see Ryan v New York Tel. Co., 62 N.Y.2d 494, 500 [1984]). Plaintiff's eviction was based on uncured lease violations alone and had no connection to the wrongs it alleges against defendants in this action.

We find that plaintiff's conduct in commencing...

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