Asgahar v. Tringali Realty, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, tortious interference with contract, and violation of the Civil Rights Law, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Austin, J.), dated January 21, 2004, 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.
The Supreme Court incorrectly determined that the complaint in this action is barred by the doctrine of res judicata. “Where a dismissal does not involve a determination on the merits, the doctrine…
2Cases cited10 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Foster v. ChurchillNew York Court of Appeals · 1996
- Meyer v. GuintaAppellate Division of the Supreme Court of the State of New York · 1999
- Kane v. Orange County PublicationsAppellate Division of the Supreme Court of the State of New York · 1996
- Gurreri v. Associates InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
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