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H.K.D. Seafood Inc. v. 25 N. Moore Assoc

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 2000
271 A.D.2d 351 (N.Y. App. Div. 2000)

Opinion

April 25, 2000.

Order, Supreme Court, New York County (Edward Lehner, J.), entered January 21, 1999, which, in an action by plaintiff commercial tenant against, among others, defendants-appellants landlord and managing agent for damages sustained as a result of a constructive eviction, granted plaintiff's motion for partial summary judgment against appellants on the issue of liability, unanimously affirmed, with costs.

Donald Eng, for plaintiff-respondent.

Richard S. Sklarin, for defendants-appellants.

WILLIAMS, J.P., MAZZARELLI, RUBIN, BUCKLEY, FRIEDMAN, JJ.


Appellants were accorded a full and fair opportunity in the Civil Court holdover proceeding appellant landlord had commenced against plaintiff to litigate the issue of whether plaintiff had been constructively evicted when it was deprived of the refrigerated space that was part of the leased premises. Accordingly, appellants are collaterally estopped from asserting otherwise in this action (see, P.W.B. Enters. v. Moklam Enters., 221 A.D.2d 184). As the Civil Court held, even if appellants did not themselves own the compressor that maintained the refrigeration and did not themselves cause the compressor to be removed from the premises, they certainly were aware that the compressor was being removed, and took no steps to restore refrigeration (see, id.). We have considered appellants' other contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

H.K.D. Seafood Inc. v. 25 N. Moore Assoc

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 2000
271 A.D.2d 351 (N.Y. App. Div. 2000)
Case details for

H.K.D. Seafood Inc. v. 25 N. Moore Assoc

Case Details

Full title:H.K.D. SEAFOOD INCORPORATED, Plaintiff-Respondent, v. 25 NORTH MOORE…

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

Date published: Apr 25, 2000

Citations

271 A.D.2d 351 (N.Y. App. Div. 2000)
707 N.Y.S.2d 83

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