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HERRICK v. LYON

35 A.D.3d 663 (2006)

827 N.Y.S.2d 252

STEVEN L. HERRICK, Respondent, v. CHRISTINA LYON, Appellant.

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

Decided December 19, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the judgment entered in this matter following her prior successful appeal was not a final adjudication of the matter precluding service of an amended complaint, as the dismissal of the complaint was with leave to replead (see Herrick v Lyon, 7 A.D.3d 571, 572 [2004]). Rather, the purpose of the judgment was merely...

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