GIBBS v. CITY OF MOUNT VERNON


126 A.D.2d 605 (1987)

Perneal Gibbs et al., Appellants, v. City of Mount Vernon, Respondent

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

January 20, 1987


Ordered that the order is affirmed, with costs.

The plaintiffs previously brought a proceeding containing virtually the identical allegations as in the instant case, which sought to redeem the subject real property. That proceeding was dismissed and no appeal was taken. In the instant action, the plaintiffs seek damages for the loss of their property based upon the same conduct of the defendant. Special Term granted the defendant's motion to dismiss on the ground...

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