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LANE v. BIRNBAUM

258 A.D.2d 389 (1999)

685 N.Y.S.2d 675

SUSAN I. LANE et al., Appellants, v. KENNETH J. BIRNBAUM et al., Respondents.

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

Decided February 23, 1999.

The dismissal with prejudice "so ordered" by the Federal court in the prior action between the parties constituted a final determination on the merits, with res judicata effect not only as to the matters litigated therein, but also as to all relevant issues that could have been but were not litigated therein (Nemaizer v Baker, 793 F.2d 58, 60-61; Schwartzreich v E.P.C. Carting Co., 246 A.D.2d 439...

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