90 A.D.2d 474 | N.Y. App. Div. | 1982
Order of the Supreme Court, New York County (Whitman, J.), entered January 5, 1982, which granted defendants’ motion to dismiss an action for a balance allegedly due from plaintiff’s assignor under a construction subcontract on the grounds of res judicata, unanimously reversed, on the law, with costs, and the motion to dismiss is denied. On May 27, 1975, defendant-respondent Restoration-Blitman Construction Co. (Restoration-Blitman) entered into a written subcontract with Alan Michel Plumbing, Inc. (AMPI) in which AMPI agreed to