BIVIANO v. PORTELLI


47 A.D.2d 568 (1975)

Nancy J. Biviano et al., Appellants-Respondents, v. Joseph F. Portelli et al., Respondents-Appellants

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

January 2, 1975


The plaintiffs in 1969 commenced an action which sought to establish the boundary line between their premises and the defendants. Pursuant to the provisions of CPLR 3211 (subd. [c]), the 1969 complaint was dismissed by an order of the court entered in Chenango County on January 16, 1970. It is apparent from a reading of the decision rendered by the court on January 12, 1970 that the dismissal of the 1969 complaint was on the merits. Furthermore, it is apparent that the prior...

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