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WOLOWITZ v. WOLOWITZ

202 A.D.2d 299 (1994)

610 N.Y.S.2d 770

Bruce Wolowitz, Appellant-Respondent, v. Goldie Wolowitz, Respondent, and Arnold Wolowitz, Respondent-Appellant

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

March 17, 1994

We agree with the IAS Court that plaintiff's cause of action in contract and for tortious interference with same alleges the same transactions and occurrences he set forth in both the prior mortgage foreclosure and matrimonial actions, and that he cannot now seek a different result on a different theory (Schuylkill Fuel Corp. v Nieberg Realty Corp., 250 N.Y. 304).

We have reviewed the parties' remaining contentions, including cross-appellant's request for sanctions...

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