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Zarcone v. Perry

55 N.Y.2d 782 Court N.Y. Decision date 1981-12-17 English

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p. 782
Thomas Zarcone, Appellant, v William M. Perry et al., Respondents, et al., Defendants.
Argued November 19, 1981;
decided December 17, 1981
p. 783
APPEARANCES OF COUNSEL
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.
p. 784
OPINION 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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