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CORR v. CORR

298 A.D.2d 424 (2002)

748 N.Y.S.2d 261

STEPHEN CORR, Respondent, v. MADELINE CORR, Appellant.

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

Decided October 15, 2002.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a determination of the motion on the merits.

Under the circumstances of this case, the doctrines of res judicata and collateral estoppel are not applicable (see Buechel v Bain, 97 N.Y.2d 295, 303; Ryan v New York Tel. Co., 62 N.Y.2d 494...

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