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McGEE v. J. DUNN CONSTR. CORP.

2007-05553

2008 NY Slip Op 07220

JAMES P. McGEE, ET AL., respondents, v. J. DUNN CONSTRUCTION CORP., ET AL., appellants.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Philip Douglas Marin, Carmel, N.Y., for appellants.

Lewis & Greer, P.C., Poughkeepsie, N.Y. (Darren H. Fairlie and Daniel P. Adams of counsel), for respondents.

Before: Robert A. Spolzino, J.P., David S. Ritter, Mark C. Dillon, Thomas A. Dickerson, JJ.

DECISION & ORDER

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 Niagra Mohawk Power Corp., 72 N.Y...

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