Opinion
Argued November 19, 1981
Decided December 17, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK P. DE LUCA, J.
Arnold B. Firestone and Adrienne M. Mirro for appellant.
Edward J. Hart and Wade T. Dempsey for William M. Perry, respondent.
Mark J. Hanlon and James M. Maloney for Robert J. Anderson and others, respondents.
Order affirmed, with costs, for the reasons stated in the opinion by Justice JAMES D. HOPKINS at the Appellate Division ( 78 A.D.2d 70), insofar as the result is based upon the principles of res judicata and collateral estoppel. However, we express no view regarding the applicability of the rule prohibiting double recovery, as we conclude that it is unnecessary to reach that issue.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.