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OTERO v. MORRIS

245 A.D.2d 70 (1997)

665 N.Y.S.2d 870

Elsie Otero et al., Appellants, v. Bruce Morris et al., Respondents

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

December 9, 1997

While we disagree with the motion court that the instant action, involving a dispute between tenant factions over control of a not-for-profit housing development fund corporation and a claim of wasting of corporate assets, had been finally disposed of by a prior order and judgment, we agree with the motion court's alternative reason for denying the motion, namely the absence of common questions of law and fact with the Civil Court...

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