New York Court of Appeals, 1981

Zarcone v. Perry

Zarcone v. Perry
New York Court of Appeals · Decided December 17, 1981
55 N.Y.2d 782; 431 N.E.2d 974; 447 N.Y.S.2d 248; 1981 N.Y. LEXIS 3304

Zarcone v. Perry

Opinion of the Court

*784OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the opinion by Justice James D. Hopkins at the Appellate Division (78 AD2d 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.

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