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McGEE v. J. DUNN CONSTRUCTION CORP.

54 A.D.3d 1009 (2008)

864 N.Y.S.2d 167

JAMES P. McGEE et al., Respondents, v. J. DUNN CONSTRUCTION CORP. et al., Appellants.

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

September 30, 2008.

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

Contrary to the defendants' contention, the plaintiffs are not precluded from maintaining this action by virtue of the resolution of their consumer complaint by the Dutchess County Department of Consumer Affairs. Although a determination by an administrative agency may have preclusive effect (see Allied Chem. v Niagara Mohawk Power Corp., 72 N.Y.2d 271

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