The second, third and fourth causes of action in this action were previously asserted as pendent State claims in a Federal action. Such claims were dismissed in the Federal action as a result of lack of Federal court jurisdiction. Since the dismissal in Federal court was not on the merits and since these causes of action are not equivalent to the causes of action which were dismissed on the merits in the Federal action (see, Capital Tel. Co. v New York Tel. Co....
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