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IN THE MATTER OF FONTANI v. HERSHOWITZ

12 A.D.3d 672 (2004)

784 N.Y.S.2d 890

In the Matter of LEONARD FONTANI, Appellant, v. JOSEPH HERSHOWITZ, Also Known as JOSEPH GHERSHOWITZ et al., Respondents.

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

November 29, 2004.

Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner commenced this proceeding pursuant to CPLR article 78, in effect, to review an order of the Supreme Court, Kings County, dated August 7, 2002, dismissing, on the ground of res judicata, an earlier action the petitioner had commenced against the same respondents. The Supreme Court properly dismissed this proceeding on the ground that it...

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