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MEMBRENO v. HACK REALTY, LLC

2011-08932.

92 A.D.3d 649 (2012)

937 N.Y.S.2d 880

2012 NY Slip Op 939

DANIEL MEMBRENO, Plaintiff, v. HACK REALTY, LLC, Defendant/Third-Party Plaintiff-Respondent. BELLA BIANCHI'S LTD., Third-Party Defendant-Appellant.

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

Decided February 7, 2012.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly denied the third-party defendant's motion pursuant to CPLR 3211 (a) (5) to dismiss the third-party complaint based on the doctrine of res judicata (see generally Matter of People v Applied Card Sys., Inc., 11 N.Y.3d 105, 122 [2008], cert denied sub nom. Cross Country...

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