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MATTER OF KLEIN v. BARRIOS-PAOLI

237 A.D.2d 165 (1997)

655 N.Y.S.2d 367

In the Matter of Gerald Klein et al., Appellants, v. Lilliam Barrios-Paoli et al., Respondents

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

March 18, 1997

The petition was properly dismissed since the claims raised therein were either raised or could have been raised in Matter of Spadafora v White (Sup Ct, NY County, Aug. 24, 1995, Miller, J., index No. 8058/91), to which all petitioners herein were parties (see, Hyman v Hillelson, 79 A.D.2d 725, affd 55 N.Y.2d 624

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