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LANZISERA v. MILLER, JR.

289 A.D.2d 1015 (2001)

735 N.Y.S.2d 282

CARL LANZISERA, Appellant-Respondent, v. STEVEN F. MILLER, JR., Respondent, and TERRENCE J. HOFFMAN, ESQ., et al., Respondents-Appellants, et al., Defendants.

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

Decided December 21, 2001.

Order unanimously affirmed with costs to defendants.

Memorandum:

Supreme Court properly granted the motion of Terrence J. Hoffman, Esq., Terrence J. Hoffman, and Hoffman, Hubert & Hoffman, L. L. P. (defendants) to the extent that they sought summary judgment dismissing the amended complaint in this declaratory judgment action based on collateral estoppel (see, CPLR 3211 [a] [5]). Defendants contended, inter alia, that the amended complaint...

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