Glantz v. City of New York

Full title: HAROLD GLANTZ et al., Doing Business as H.G.V. ASSOCIATES, et al.…

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

Date published: Jan 16, 1986

116 A.D.2d 498 (N.Y. App. Div. 1986)

Opinion

January 16, 1986

Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).

The situation presented here is virtually identical to that involved in Adventurers Whitestone Corp. v City of New York ( 65 N.Y.2d 83), wherein the Court of Appeals concluded that the claimant was precluded from litigating in a second action an issue which it could have raised in the condemnation proceeding. Consequently, defendant's motion to dismiss the complaint should be granted.

Concur — Sandler, J.P., Milonas, Kassal, Rosenberger and Ellerin, JJ.