CANADIAN FOUR STATE HOLDINGS LTD IATT v. ESTATE OF MORRIS (1999)

Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint.   Plaintiffs are the successors-assignees of the original landlord, New Hartford U.S.I.F. Corporation, under a long-term commercial lease of the New Hartford Shopping Center.   William C. Morris was the tenant under the lease until his death in 1997.   This is the second lawsuit involving the rights and obligations of the parties to the lease.   In the earlier action, in which the tenant was the plaintiff and the landlord and its agent were the defendants, the landlord and its agent contended that “tenant-styled improvements” were not “new construction” or “alterations or change in existing structures” within the meaning of the lease and that the tenant was barred from excluding from the additional rent roll monies received for new construction paid for by the subtenants.   Supreme Court rejected those contentions.   On appeal we affirmed that part of the judgment, concluding that the remaining contentions of the landlord and its agent were “without merit” (Morris v. Monit Mgt., 222 A.D.2d 1090, 1092, 635 N.Y.S.2d 845).   Because the issues raised in this action were litigated and decided in the prior action, plaintiffs are collaterally estopped from relitigating them (see, Deck v. Merrimack Mut. Fire Ins. Co., 245 A.D.2d 1019, 1020, 667 N.Y.S.2d 154;  see also, Shirley v. Danziger, 252 A.D.2d 971, 676 N.Y.S.2d 369).

Judgment unanimously affirmed with costs.

MEMORANDUM: