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INGOGLIA v. BARNES & NOBLE COLLEGE BOOKSELLERS, INC.

48 A.D.3d 636 (2008)

852 N.Y.S.2d 337

BART INGOGLIA, Respondent, v. BARNES & NOBLE COLLEGE BOOKSELLERS, INC., Appellant.

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

Decided February 19, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion to dismiss the complaint is granted.

Although actions should be resolved on the merits whenever possible (see Gillen v Utica First Ins. Co., 41 A.D.3d 647 [2007]; Cruzatti v St. Mary's Hosp., 193 A.D.2d 579 [1993]), the court may, among other...

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