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D'ANGELO v. STATE INSURANCE FUND

48 A.D.3d 400 (2008)

852 N.Y.S.2d 192

SANTO D'ANGELO et al., Respondents, v. STATE INSURANCE FUND, Appellant.

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

Decided February 5, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, that branch of the motion which was to dismiss the complaint is granted, and the cross motion for leave to amend the complaint is denied.

In this action, the plaintiffs seek to relitigate an issue already determined against the plaintiff Santo D'Angelo in proceedings before the Workers' Compensation Board (hereinafter...

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