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MARK v. COMCAST CABLE COMMUNICATIONS, INC.

48 A.D.3d 338 (2008)

851 N.Y.S.2d 542

ANDREW MARK, Appellant, v. COMCAST CABLE COMMUNICATIONS, INC., et al., Respondents.

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

Decided February 26, 2008.

The alleged fraudulent scheme is not larger in scope than the issues determined in the prior action (see Burbrooke Mfg. Co., Inc. v St. George Textile Corp., 283 App Div 640, 641 [1954]; compare e.g. Newin Corp. v Hartford Acc. & Indem. Co., 37 N.Y.2d 211, 218 [1975]; New York City Tr. Auth. v Morris J. Eisen, P.C., 276 A.D.2d 78, 88-89 [2000]). All of the issues raised by plaintiff...

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