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MORALES v. NEW YORK CITY HOUSING AUTHORITY

302 A.D.2d 571 (2003)

755 N.Y.S.2d 635

STEVEN MORALES, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided February 24, 2003.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, and the complaint is reinstated.

A nearly identical action to the instant action was previously dismissed for the plaintiff's failure to prosecute. A 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 action based upon the same facts unless...

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