Franchise Acquisitions Group Corp. v. Jefferson Valley Mall Ltd. Partnership
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for a judgment declaring that the plaintiff is not in breach of a certain lease and to recover damages for malicious prosecution, the defendant appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), entered February 17, 2009, which denied its motion to dismiss the complaint on the ground that it was barred by the doctrine of res judicata or, alternatively, to dismiss the cause of action to recover damages for malicious prosecution as time-barred.
Ordered that the order is affirmed, with costs.
The prior action involving the same parties, which…
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