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HOFFAY v. STANLEY DEPT. STORES

68 Misc.2d 990 (1971)

Frances E. Hoffay, Plaintiff, v. Stanley Department Stores, Inc., Defendant. (Action No. 1.) Clarissa St. John, Plaintiff, v. Stanley Department Stores, Inc., Defendant. (Action No. 2.)

Supreme Court, Special Term, Rensselaer County.

March 3, 1971

Attorney(s) appearing for the Case

Joseph J. Martin for plaintiffs. Carter & Conboy (James Blackmore of counsel), for defendant.

EDWARD S. CONWAY, J.

Defendant in Action No. 1 and Action No. 2, Stanley Department Stores, Inc., moves for an order dismissing Action No. 1 and Action No. 2 on the basis of a defense founded upon documentary evidence pursuant to CPLR 3211 (subd. [a], par. 1) and on the basis of collateral estoppel and res judicata pursuant to CPLR 3211 (subd. [a], par. 5).

The complaint in each action alleges a cause of action for false arrest and malicious...

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