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RADKAY v. CONFALONE

No. 89-382.

133 N.H. 294 (1990)

RANDALL D. RADKAY v. JAMES CONFALONE.

Supreme Court of New Hampshire.

May 24, 1990.

Attorney(s) appearing for the Case

Shaines & McEachern P.A., of Portsmouth (Robert A. Shaines and Jonathan M. Flagg on the brief, and Mr. Shaines orally), for the plaintiff.

Sanders and McDermott, of Hampton (J. Kirk Trombley and Lawrence M. Edelman on the brief, and Mr. Trombley orally), for the defendant.

BROCK, C.J.

The plaintiff, Randall D. Radkay, filed suit in the superior court, seeking damages alleged to have resulted from the breach of a lease agreement. The defendant, James Confalone, moved to dismiss, claiming that the suit was barred by the doctrine of res judicata because the plaintiff could have raised his claims for damages in connection with an earlier petition for declaratory judgment involving the same lease. The Superior Court (Temple, J.),...

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