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OSBORNE v. ROSSROCK FUND II, L.P.

2009-08137.

82 A.D.3d 727 (2011)

917 N.Y.S.2d 898

GEORGE R. OSBORNE et al., Appellants, v. ROSSROCK FUND II, L.P., Respondent.

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

Decided March 1, 2011.

Ordered that the appeal by the plaintiff Patrisha Osborne is dismissed as abandoned (see 22 NYCRR 670.8 [a]); and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the defendant is awarded one bill of costs.

"Under the doctrine of res judicata, a disposition on the merits bars litigation between the same parties or those in privity with them of a cause of action arising out of the same transaction...

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