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MAGEN DAVID OF UNION SQUARE v. 3 WEST 16TH STREET, LLC

8954, 600573/08.

171 A.D.3d 526 (2019)

96 N.Y.S.3d 529

2019 NY Slip Op 02806

Magen David of Union Square et al., Plaintiffs, and The Sixteenth Street Synagogue, Appellant, v. 3 West 16th Street, LLC, Respondent.

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

Decided April 11, 2019.

On one of at least two prior appeals in this action, this Court expressly held that "[a]lthough the prior appeal did not specifically address [the third] counterclaim, the underlying issues were necessarily resolved in that appeal, and that resolution constitutes the law of the case" (132 A.D.3d 503, 504 [1st Dept 2015], lv dismissed 28 N.Y.3d 977 [2016...

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