Held & Hines Rushmore Condominium Win

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Held & Hines LLP Wins in the Appellate Division Re: The Rushmore Condominium

Coffey v CRP/Extell Parcel I, L.P.

Coffey v CRP/Extell Parcel I, L.P. 2014 NY Slip Op 03640 Decided on May 20, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 20, 2014

Mazzarelli, J.P., Acosta, Andrias, Saxe, Clark, JJ.

12549 114073/09

[*1] Kelly Coffey, Plaintiff-Respondent,

CRP/Extell Parcel I, L.P., et al., Defendants-Appellants, Stroock & Stroock & Lavan LLP, Defendant.

Boies, Schiller & Flexner LLP, Armonk (Jason S. Cyrulnik of counsel), for appellants.

Held & Hines, LLP, New York (James K. Hargrove of counsel), for respondent.

Judgment, Supreme Court, New York County (Debra A. James, J.), entered April 2, 2013, inter alia, declaring the option agreement rescinded, and ordering defendants to release and return the escrowed down payments, unanimously affirmed, with costs.

The court correctly found that defendants are barred by the doctrine of collateral estoppel from relitigating the issues raised here, since those issues were fully and fairly litigated in the administrative proceeding that culminated in the hybrid CPLR article 78 proceeding/reformation action, which affirmed a determination by the Office of the Attorney General allowing

certain purchasers similarly situated to plaintiff to rescind their option agreements (see Matter of CRP/Extell Parcel I, L.P.

v Cuomo, 101 AD3d 473 [1st Dept 2012]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 20, 2014

CLERK