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JOEM INT'L, LTD. v. SWEDWALL, INC.

215 A.D.2d 530 (1995)

627 N.Y.S.2d 51

Joem International, Ltd., et al., Plaintiffs, v. Swedwall, Inc., Defendant and Third-Party Plaintiff-Appellant. BGF Industries, Inc., Third-Party Defendant-Respondent

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

May 15, 1995

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the third-party complaint against BGF Industries, Inc. (hereinafter BGF) on the grounds of res judicata. In a prior Federal action commenced by BGF seeking a declaration as to its obligations under an agreement with the third-party plaintiff Swedwall, Inc., Swedwall, Inc.'s, counterclaims were dismissed for failure to comply with a discovery order. That dismissal operated as an adjudication...

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