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SPRINGWELL NAVIGATION CORP. v. SANLUIS CORPORACION, S.A.

4345, 600600/09.

81 A.D.3d 557 (2011)

917 N.Y.S.2d 560

SPRINGWELL NAVIGATION CORP., Respondent, v. SANLUIS CORPORACION, S.A., Appellant.

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

Decided February 22, 2011.

Since this Court's dismissal of the prior action for lack of standing (46 A.D.3d 377 [2007]) was not a final determination on the merits for res judicata purposes, plaintiff is not precluded from reasserting the same claims based on newly conferred rights that cured the lack of standing (see e.g. Pullman Group v Prudential Ins. Co. of Am., 297 A.D.2d 578 [2002], lv dismissed 99...

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