91 A.D.2d 1193 | N.Y. App. Div. | 1983
— Order unanimously modified and, as modified, affirmed, with costs to respondents, in accordance with the following memorandum: The parties have been before our court on four previous appeals concerning various aspects of continuing litigation arising from the same transaction (see Two Clinton Sq. Corp. v Rosoff, 59 AD2d 651; Two Clinton Sq. Corp. v Computerized Recovery Systems, 63 AD2d 852; Two Clinton Sq. Corp. v Computerized Recovery Systems, 84 AD2d 911; Two Clinton Sq. Corp. v Computerized Recovery Systems, 86 AD2d 786). This action was commenced in June, 1981 against defendants Friedler, Rosoff and Computerized Recovery Systems, Inc. (CRS) based upon an alleged conversion of accounts receivable. It sets forth 21 separate causes of action alleging conduct which constitutes a “continuing conspiracy to hinder, delay and defraud Plaintiff”. Defendants’ answer contains affirmative defenses which allege (1) Statute of Limitations; (2) res judicata as to Rosoff resulting from the dismissal of the action against him in December, 1976; (3) res judicata as to Friedler resulting from the dismissal of the action against him in February, 1977; (4) failure to state a