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GALLO v. TEPLITZ TRI-STATE RECYCLING, INC.

254 A.D.2d 253 (1998)

678 N.Y.S.2d 140

Richard Gallo et al., Appellants, v. Teplitz Tri-State Recycling, Inc., et al., Respondents

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

October 5, 1998

Ordered that the order is reversed, with costs, the defendants' motion to dismiss the complaint on the grounds that the action was barred by collateral estoppel and res judicata is denied, and the complaint is reinstated.

In 1991, the defendants Teplitz Tri-State Recycling, Inc., and Teplitz Auto Parts, Inc. (hereinafter collectively Teplitz), brought an action against the plaintiffs, Richard Gallo and Linda Gallo (hereinafter the Gallos), seeking, inter alia<...

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