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ASGAHAR v. TRINGALI REALTY, INC.

18 A.D.3d 408 (2005)

795 N.Y.S.2d 68

SAEED ASGAHAR et al., Appellants, v. TRINGALI REALTY, INC., et al., Respondents.

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

May 2, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court incorrectly determined that the complaint in this action is barred by the doctrine of res judicata. "Where a dismissal does not involve a determination on the merits, the doctrine of res judicata does not apply" (Sclafani v Story Book Homes, 294 A.D.2d 559, 559-560 [2002]). The complaint in a prior related action was dismissed for failure to state a cause of...

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