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ALLSTON v. INC. VILL. OF ROCKVILLE CTR.

25 A.D.2d 545 (1966)

Carolyn Allston, Appellant, v. Incorporated Village of Rockville Centre, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 21, 1966

Order reversed, with $10 costs and disbursements, and motion denied.

Defendant moved to dismiss the complaint upon the grounds of res judicata and failure to state a cause of action. The Special Term granted the motion on the former ground. It appears that a prior action had been instituted by plaintiff based upon the same facts; that defendant moved in that action "for an order, pursuant to CPLR, §§ 3211 and 3212 dismissing plaintiff's complaint...

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