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D'AMATO v. LEFFLER

15 A.D.3d 608 (2005)

789 N.Y.S.2d 924

GIUSEPPE D'AMATO et al., Appellants, v. CAROLANN LEFFLER et al., Respondents. (Action No. 1.) STEVEN LEFFLER et al., Respondents, v. GIUSEPPE D'AMATO et al., Appellants. (Action No. 2.)

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

February 28, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs to the defendants in action No. 1 except 755 New York Associates and the plaintiffs in action No. 2.

Dismissal of the counterclaims in action No. 2, which were identical or substantially identical to the proposed causes of action in action No. 1 (see D'Amato v Leffler, 15 A.D.3d 607 [2005] [decided herewith...

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