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DOUGLAS ELLIMAN, LLC v. BERGERE

2011-08504.

98 A.D.3d 642 (2012)

949 N.Y.S.2d 766

2012 NY Slip Op 6009

DOUGLAS ELLIMAN, LLC, et al., Appellants, v. JANE BERGERE, Respondent.

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

Decided August 22, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the plaintiffs' second amended complaint should be dismissed pursuant to CPLR 3211 (a) (5) based on the doctrine of res judicata. "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...

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