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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