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SCIALDONE v. SHAH

197 A.D.2d 567 (1993)

602 N.Y.S.2d 639

Dorie Scialdone, Appellant-Respondent, v. Satish Shah et al., Defendants, and Pyramid Construction Co. et al., Respondents-Appellants

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

October 12, 1993

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the plaintiff's argument, the Supreme Court properly granted the defendant State employees' motion which was to amend their answer to include the defenses of res judicata and collateral estoppel. The issue of the State employees' malpractice was necessarily decided in the prior Court of Claims action...

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