Douglas Elliman, LLC v. Bergere
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated July 6, 2011, as granted that branch of the defendant’s motion which was to dismiss the second amended complaint pursuant to CPLR 3211 (a) (5) based on the doctrine of res judicata, and denied their cross motion for leave to amend their second amended complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that the plaintiffs’ second amended…
2Cases cited10 opinions
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- In Re the Estate of HunterNew York Court of Appeals · 2005
- Luscher v. ArruaAppellate Division of the Supreme Court of the State of New York · 2005
- Ortega v. Bisogno & MeyersonAppellate Division of the Supreme Court of the State of New York · 2003
- Lane v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
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