Summary
In Friedman v. Margiotta, 53 N.Y.S.2d 79 (1st Dept. 1949), damages were based in part on lessees' failure to remove all fixtures.
Summary of this case from In re Hyong Jin KimOpinion
January 26, 1945.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, KELEHER, J.
Clifton F. Weidlich for appellant.
Walter M. Hinkle for respondent.
MEMORANDUM
The parties litigated the issues raised by the fourth cause of action before the Office of Price Administration and the plaintiff complied with the ruling against it. The same issues, therefore, may not be relitigated in the State court. The first three causes of action are sufficient as matter of law.
The order should be modified by dismissing the fourth cause of action, and as modified affirmed, with leave to defendant to answer within five days after service of order entered hereon.
HAMMER, SHIENTAG and HECHT, JJ., concur.
Ordered accordingly.