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SUMAR v. FOX

6420, 112984/09.

90 A.D.3d 577 (2011)

934 N.Y.S.2d 805

2011 NY Slip Op 9532

NAGHIB SUMAR, Respondent, v. BARRY FOX et al., Appellants.

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

Decided December 27, 2011.

Plaintiff commenced a prior action involving identical parties and causes of action. Defendants moved to dismiss the prior action for lack of personal jurisdiction. Plaintiff did not oppose the motion, which was granted "on default," with no indication that dismissal was on the merits or with prejudice. Under the circumstances, the doctrine of res judicata does not apply (see Wynn v Security Mut. Ins. Co.,

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