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AHMAD v. GETTY PETROLEUM MARKETING, INC.

299 A.D.2d 304 (2002)

749 N.Y.S.2d 146

WAQAR AHMAD, Appellant, v. GETTY PETROLEUM MARKETING, INC., et al., Respondents.

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

Decided November 4, 2002.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, he had the opportunity to assert fraud, as a special defense, in a prior action in Connecticut entitled Getty Petroleum Mktg. v Ahmad (1999 WL 775754 [Conn Super, July 16, 1999], revd 253 Conn. 806, 757 A.2d 494; see Connecticut Rules of Superior Court-Civil [Practice Book] § 10-50; Miller v Appleby,

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