480 PARK AVE. CORP. v. RAFFAELE CARUSO SPA

Index No. 152394/18. Appeal No. 14896. Case No. 2021-01904.

200 A.D.3d 579 (2021)

155 N.Y.S.3d 757

2021 NY Slip Op 07086

480 Park Avenue Corp., Appellant, v. Raffaele Caruso Spa, Respondent.

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

Decided December 21, 2021.


Attorney(s) appearing for the Case

Fox Rothschild LLP, New York ( Joshua Kopelowitz of counsel), for appellant.

Concur—Renwick, J.P., Oing, Singh, Scarpulla, Pitt, JJ.


Supreme Court properly found that the doctrine of collateral estoppel did not preclude litigation of whether plaintiff, having drawn down on the nonparty tenant's letter of credit, was required to apply the entire amount to the rental arrears, and correctly determined that plaintiff was not permitted to retain a portion of the letter of credit as security. Plaintiff failed to establish that the issues raised in the nonpayment proceeding before Civil Court are the same as...

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