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GREZINSKY v. CEMETERY

52 A.D.3d 202 (2008)

857 N.Y.S.2d 907

ANNE GREZINSKY et al., Appellants, v. MOUNT HEBRON CEMETERY et al., Respondents, et al., Defendant.

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

Decided June 3, 2008.

Under New York's transactional approach to the doctrine of res judicata (see O'Brien v City of Syracuse, 54 N.Y.2d 353, 357 [1981]), the court properly held this action barred because the claims were litigated or could have been litigated in the prior Kings County action commenced in 1995 (Marinelli Assoc. v Helmsley-Noyes Co., 265 A.D.2d 1 [2000]). That action was dismissed for failure...

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