Ordered that the order is reversed, on the law, with costs, that branch of the motion seeking dismissal of the complaint on the ground of res judicata is granted, and that branch of the motion seeking an award of attorneys' fees is denied.
The judgment issued by the District Court of the County of Suffolk, Third Judicial District, in a previous action based upon the same transaction and alleging similar facts as the complaint in this action was entered on the plaintiff...
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