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PJA ASSOC. INC. v. INDIA HOUSE, INC.

8380, 109254/11.

99 A.D.3d 623 (2012)

952 N.Y.S.2d 876

2012 NY Slip Op 7198

PJA ASSOCIATES INC., Appellant, v. INDIA HOUSE, INC., Respondent.

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

October 25, 2012.

In this action to reform or modify an agreement to conform to the parties' alleged course of dealing and to enjoin termination for an alleged default, the motion court correctly determined that the complaint merely repackaged the allegations of a prior dismissed action (see Ahead Realty LLC v India House, Inc., 92 A.D.3d 424 [1st Dept 2012]). Res judicata precluded the instant claims, which were not tangential and were actually litigated...

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