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LAMB v. GOVERNOR FOR NEW YORK STATE

2010-10975.

90 A.D.3d 716 (2011)

934 N.Y.S.2d 328

2011 NY Slip Op 9097

DEBORAH RAE LAMB et al., Appellants, v. GOVERNOR FOR NEW YORK STATE et al., Respondents.

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

Decided December 13, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent Governor for New York State.

The Supreme Court properly determined that the plaintiffs' claims, which were based on the same subject matter as the plaintiffs' earlier action in federal court, were barred by res judicata (see Matter of ADC Contr. & Constr., Inc. v Town of Southampton, 50 A.D.3d 1025, 1026 [2008]; Tomasello v Choice...

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