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MED. HEALTH SERVS., INC. v. FOUNTAIN CTR. CORP.

52 A.D.2d 621 (1976)

Medical Health Services, Inc., Respondent, v. Fountain Center Corp. et al., Defendants, and August J. Mirande, Sued Herein as Augusto Mirando, Appellant

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

April 19, 1976

Appeal from the order dated December 5, 1975, dismissed, without costs or disbursements. No notice of appeal has been filed from such order. Order dated June 12, 1975 affirmed insofar as appealed from, without costs or disbursements.

In our opinion, the dismissal of plaintiff's similar action against defendant in Special Term, New York County, for failure to appear for trial, was not on the merits and therefore is no bar to the within action (see CPLR 3216, subd ...

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