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GENTILE v. MCA RECORDS, INC.

17 A.D.3d 264 (2005)

793 N.Y.S.2d 407

MICHAEL A. GENTILE, Appellant, v. MCA RECORDS, INC., et al., Respondents.

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

April 26, 2005.

This action, asserting claims virtually identical to those dismissed in a prior federal action (Gentile v Jobete Music Co., Inc., 1996 WL 148427, 1996 US Dist LEXIS 4011 [SD NY, Apr. 2, 1996], affd 122 F.3d 1056 [table; text at 1997 WL 559850, 1997 US App LEXIS 23614 (2d Cir 1997)]) and, in any event, premised upon identical underlying transactions, is barred under the doctrine of res judicata (see O'Brien v City of Syracuse, 54 N.Y.2d...

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