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OMANSKY v. LAPIDUS & SMITH, L.L.P.

273 A.D.2d 110 (2000)

709 N.Y.S.2d 88

LAWRENCE A. OMANSKY et al., Appellants, v. LAPIDUS & SMITH, L. L. P., et al., Respondents.

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

Decided June 15, 2000.

The complaint should not have been dismissed on grounds of collateral estoppel and res judicata since the prior dismissal was not on the merits (see, Hodge v Hotel Empls. & Rest. Empls. Union, 269 A.D.2d 330). However, dismissal of the first and second causes of action, stemming from damages allegedly sustained by the partnership and condominium, was warranted pursuant to CPLR 3211...

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