101 MAIDEN LANE REALTY CO., LLC v. TRAN HAN HO

Nos. 5822, 570620/06.

88 A.D.3d 596 (2011)

931 N.Y.S.2d 299

2011 NY Slip Op 7497

101 MAIDEN LANE REALTY CO., LLC, Respondent, v. TRAN HAN HO et al., Appellants. 101 MAIDEN LANE REALTY CO., LLC, Respondent, v. SUN MEI INC., Appellant.

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

Decided October 25, 2011.


In affirming the Civil Court's denial of the motion to vacate the final judgment pursuant to CPLR 5015 (a) (3), the Appellate Term held the issue of the validity of the lease has been "firmly and finally resolved in prior litigation," including an order by this Court affirming the dismissal of a plenary action challenging the validity of the lease on grounds of res judicata and collateral estoppel (Sun Mei Inc. v Chen, 21 A.D.3d 265

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