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MUDRY v. GIANNATTASIO

8 A.D.3d 455 (2004)

779 N.Y.S.2d 111

ALBERT MUDRY, Appellant, v. JAMES A. GIANNATTASIO, Respondent.

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

June 14, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

Because the prior determination upon which the order appealed from was predicated did not indicate an intention to dismiss on the merits, the order cannot be deemed a basis for the application of the doctrines of res judicata or collateral estoppel. Accordingly, the defendant's motion to dismiss should have...

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