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BANK OF NEW YORK v. LS MONTICELLO JV

209 A.D.2d 464 (1994)

619 N.Y.S.2d 639

Bank of New York, Respondent, v. LS Monticello JV et al., Appellants

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

November 14, 1994

Ordered that the order is affirmed, with costs.

In denying the defendants' motion to dismiss the plaintiff's second complaint pursuant to CPLR 3211 (a) (5) based, inter alia, on the doctrine of res judicata, the Supreme Court indicated that its prior order dismissing the plaintiff's first complaint pursuant to the Uniform Rules for Trial Courts (22 NYCRR 202.27 [former (2)]), "was not an adjudication on the merits...

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