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NYCTL 1999-1 TRUST v. 573 JACKSON AVENUE REALTY CORP.

39 A.D.3d 267 (2007)

833 N.Y.S.2d 74

NYCTL 1999-1 TRUST et al., Respondents, v. 573 JACKSON AVENUE REALTY CORP., Appellant, et al., Defendants.

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

Decided April 5, 2007.

The motion court's prior order dismissing the complaint as against defendant-appellant solely for lack of proper service did not purport to determine the merits of, and, accordingly, was not preclusive of plaintiff's now reasserted claims against defendant-appellant (see Espinoza v Concordia Intl. Forwarding Corp., 32 A.D.3d 326, 328 [2006]; Mudry v Giannattasio, 8 A.D.3d 455, 456 [2004...

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