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MATTER OF CITY OF NEW YORK v. SCHMITT

50 A.D.3d 1032 (2008)

857 N.Y.S.2d 190

In the Matter of CITY OF NEW YORK, Respondent, v. ADELE SCHMITT, Respondent, and JOHN SCHMITT et al., Doing Business as CHANNEL MARINE SUZSUCKI and SCHMITT'S MARINA, et al., Appellants.

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

Decided April 22, 2008.

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

The parties' respective rights to the subject properties were fully litigated and finally determined in a previous action (see United States v Schmitt, 999 F.Supp. 317 [1998], affd 28 Fed Appx 63 [2002]). Under the doctrine of res judicata, a final disposition on the merits bars litigation between...

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