Ordered that the order is affirmed, with costs.
A nearly identical action to the instant action was dismissed pursuant to CPLR 3216 due to the plaintiff's failure to prosecute. The Supreme Court properly denied the defendant's motion to dismiss the instant action on the ground that it was barred by the doctrine of res judicata. The dismissal of a prior action between the same parties for failure to prosecute is not a dismissal on the merits and does not bar a second...
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