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SANTANGELO v. YMCA OF GREATER NEW YORK

100 A.D.2d 581 (1984)

Veronica Santangelo, an Infant, by Her Mother and Natural Guardian, Barbara Santangelo, et al., Appellants, v. Ymca of Greater New York et al., Respondents

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

March 19, 1984

¶ Order affirmed, with costs.

¶ An unappealed order granting summary judgment in a prior action for failure to timely serve a bill of particulars in response to a conditional order of preclusion bars another action between the same parties based upon the same cause of action, in order to prevent a party from circumventing the preclusion decree (see Strange v Montefiore Hosp. & Med. Center, 59 N.Y.2d 737;

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