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HABER v. RASO

2014-05061

130 A.D.3d 781 (2015)

13 N.Y.S.3d 525

2015 NY Slip Op 06113

ABRAHAM HABER, Respondent, v. STEVEN RASO et al., Appellants.

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

Decided July 15, 2015.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint is granted.

In October 2012, the plaintiff voluntarily discontinued an action in the Civil Court of the City of New York, Kings County, against the defendants. In March 2013, the plaintiff voluntarily discontinued a separate action in the Supreme Court in which he had asserted the same...

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