Ahmad v. Getty Petroleum Marketing, Inc.

In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Mason, J.), dated May 29, 2001, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7).

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs contention, he had the opportunity to assert fraud, as a special defense, in a prior action in Connecticut entitled Getty Petroleum Mktg. v Ahmad (1999 WL 775754 [Conn Super, July 16, 1999], revd 253 Conn 806, 757 A2d 494; see Connecticut Rules of Superior…