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FTL COMPANY, INC., Respondent, v. CHASE MANHATTAN BANK, N.A., Appellant.

Order of the Supreme Court, New York County, entered February 27, 1980, which denied defendant-appellant's motion for summary judgment to dismiss the complaint of plaintiff-respondent on the ground of res judicata and collateral estoppel, unanimously affirmed, with costs. The inadequacy of the record, particularly the lack of reasons for the reduction of plaintiff-respondent's claim against the shipper Interstate from $34,355.43 to $4,707.93 by the Bankruptcy Court, precludes us from determining on the merits whether the doctrine of collateral estoppel should be applied, as now contended by defendant-appellant. For the same reason — inadequacy of the record — we are unable to determine whether, as claimed by defendant-appellant, plaintiff-respondent has been paid in full so as to bar the present action.

Concur — Birns, J.P., Fein, Sullivan, Lupiano and Bloom, JJ.

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FTL CO., INC. v. CHASE MANHATTAN BANK, N.A
(Oct 30, 1980)