City of Long Beach v. Linkar Enterprises

Appellate Division of the Supreme Court of New York

City of Long Beach v. Linkar Enterprises

93 A.D.2d 829, 461 N.Y.S.2d 43, 1983 N.Y. App. Div. LEXIS 17676

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 11, 1983

StatusPublished

Cited by1 cases

This text of 93 A.D.2d 829 (City of Long Beach v. Linkar Enterprises) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Long Beach v. Linkar Enterprises, 93 A.D.2d 829, 461 N.Y.S.2d 43, 1983 N.Y. App. Div. LEXIS 17676 (N.Y. Ct. App. 1983).

Pincite

Opinion

— In an action pursuant to RPAPL article 15 to compel the determination of a claim to real property, plaintiff appeals from an order of the Supreme Court, Nassau County (Velsor, J.), dated June 16, 1982, which denied its motion to dismiss the answer of defendant Linkar Enterprises, Ltd., on the grounds of res judicata and collateral estoppel. Order reversed, on the law, with $50 costs and disbursements, motion granted, and answer dismissed. The arguments raised in the answer arise out of the same facts which formed the basis for an earlier lawsuit commenced by defendant Linkar Enterprises against the plaintiff, in which the plaintiff was granted summary judgment. The doctrine of res judicata bars Linkar Enterprises from [830]*830attempting to now assert these issues, which could have been asserted in the earlier action (see Frederick Cowan & Co. v National Bank of North Amer., 64 AD2d 603). Gibbons, J. P., Thompson, Bracken and Niehoff, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— In an action pursuant to RPAPL article 15 to compel the determination of a claim to real property, plaintiff appeals from an order of the Supreme Court, Nassau County (Velsor, J.), dated June 16, 1982, which denied its motion to dismiss the answer of defendant Linkar Enterprises, Ltd., on the grounds of res judicata and collateral estoppel. Order reversed, on the law, with $50 costs and disbursements, motion granted, and answer dismissed. The arguments raised in the answer arise out of the same facts which formed the basis for an earlier lawsuit commenced by defendant Linkar Enterprises against the plaintiff, in which the plaintiff was granted summary judgment. The doctrine of res judicata bars Linkar Enterprises from [830]*830attempting to now assert these issues, which could have been asserted in the earlier action (see Frederick Cowan & Co. v National Bank of North Amer., 64 AD2d 603). Gibbons, J. P., Thompson, Bracken and Niehoff, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

93 A.D.2d 829, 461 N.Y.S.2d 43, 1983 N.Y. App. Div. LEXIS 17676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-long-beach-v-linkar-enterprises-nyappdiv-1983.

Opinion

Related

Cite This Page — Counsel Stack