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MATTER OF URIG v. CIGNA PROP. & CAS. COS.

209 A.D.2d 626 (1994)

619 N.Y.S.2d 311

In the Matter of Edward Urig, Appellant, v. Cigna Property and Casualty Companies, Respondent

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

November 21, 1994

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the instant proceeding is barred by the previous dismissal with prejudice of an identical application by the petitioner in the United States District Court (see, Schuylkill Fuel Corp. v Nieberg Realty Corp., 250 N.Y. 304). Contrary to the petitioner's contention, the previous dismissal operated as an adjudication on the merits (see, Fed Rules Civ Pro, rule 41...

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