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VALENTI v. CLOCKTOWER PLAZA PROPS., LTD.

2013-05668, Index No. 11637/12.

118 A.D.3d 776 (2014)

986 N.Y.S.2d 629

2014 NY Slip Op 4187

DOMINICK VALENTI, Appellant, v. CLOCKTOWER PLAZA PROPERTIES, LTD., Respondent, et al., Defendant.

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

Decided June 11, 2014.

Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant Clocktower Plaza Properties, Ltd., which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against it based on the doctrine of res judicata is denied.

In July 2009, the plaintiff commenced an action (hereinafter the first action) seeking damages against, among others, Clocktower Plaza Properties, Ltd. (hereinafter Clocktower), alleging...

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