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SUNSERI v. MACRO CELLULAR PARTNERS

263 A.D.2d 365 (1999)

692 N.Y.S.2d 383

JACK A. SUNSERI et al., Respondents, v. MACRO CELLULAR PARTNERS, Appellant, et al., Defendant.

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

Decided July 1, 1999.

The motion court properly determined that the presently asserted interests of plaintiffs-respondents, who sue as assignees of Anthony Sunseri's interest in defendant partnership Macro Cellular Partners, are not identical to the interests of Anthony Sunseri asserted in a California action brought by Anthony Sunseri against Macro Cellular. The motion court, then, correctly concluded that the judgment in the California action dismissing Anthony Sunseri's complaint with prejudice...

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