Terraqua Corp. v. Emigrant Industrial Savings Bank

Motion to dismiss the complaint is granted. There is no substantial difference between the complaint in the case at bar and the complaint in a prior action between these parties and which was dismissed pursuant to motion. Ho appeal was taken from the former decision. Under such circumstances, the decision in the prior determination disposes of the issues presented here (Joannes Brothers Co. v. Lamborn, 237 N. Y. 207; Linton v. Perry Knitting Co., 295 N. Y. 14). Furthermore, even if there were not this similarity, the prior determination discussed the main contentions advanced by plaintiff…