AARD-VARK AGENCY, LTD. v. PRAGER


8 A.D.3d 508 (2004)

779 N.Y.S.2d 213

AARD-VARK AGENCY, LTD., Appellant, v. BARNETT PRAGER et al., Respondents.

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

June 21, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the defendants' counterclaims on the ground of res judicata pursuant to CPLR 3211 (a) (5) is granted, and the defendants' counterclaims are dismissed.

The plaintiff moved, inter alia, to dismiss the defendants' counterclaims on the ground of res judicata since the same claims were dismissed "with prejudice" in a prior action brought by...

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