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SAUBART v. KOSTER

64 A.D.2d 996 (1978)

Erich L. Saubart, Respondent, v. Seymour Koster, Appellant

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

September 21, 1978

Defendant's moving papers did not establish that plaintiff's former action under the Lien Law had been resolved on the merits. Since it was not contended that the present contract action between the same parties was commenced beyond the ordinary period limited therefor, Special Term had no reason to consider the applicability of CPLR 205 (subd [a]) to the situation presented and correctly denied defendant's motion (see Utica Sheet...

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