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SCHIFANO v. SCHIFANO

38 A.D.2d 718 (1972)

Concetta Schifano, Appellant, v. Vincenzo Schifano et al., Respondents

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

January 3, 1972

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

In our opinion, the dismissal of the complaint in the prior action was not on the merits and was not res judicata on this motion (Searles v. Main Tavern, 28 A.D.2d 1136; cf. CPLR 5013). The present complaint states a cause...

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