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ZUPA v. PARADISE POINT ASSOCIATION INC.

54 A.D.3d 944 (2008)

863 N.Y.S.2d 604

VICTOR J. ZUPA et al., Respondents, v. PARADISE POINT ASSOCIATION, INC., Appellant, et al., Defendant.

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

September 23, 2008.

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

Contrary to the contention of the defendant Paradise Point Association, Inc. (hereinafter the Association), the plaintiffs' first and second causes of action are not barred by the principles of res judicata or collateral estoppel (see generally Altegra Credit Co. v Tin Chu, 29 A.D.3d 718 [2006]; Sterngass v Soffer,

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