Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that it was barred by the doctrine of res judicata is denied.
The plaintiff, a cemetery worker, allegedly was injured on the job in a fall which he alleges was deliberately caused by fellow employees. The plaintiff commenced an action against the defendants St Joseph's Cemetery (hereinafter the Cemetery), Church...
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