Stuart Realty Co. v. Rye Country Store, 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 a commercial lease, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Barone, J.), dated April 26, 2001, as granted the defendants’ motion to dismiss the complaint on the ground, among others, that the action is barred under the doctrine of res judicata.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.
*456In June 1999 the plaintiff Stuart Realty Co. commenced an action in the City Court of the City of Rye to…
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