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ASPEN AMERICAN INS. CO. v. KODUKULA

1204, 160606/14.

139 A.D.3d 545 (2016)

30 N.Y.S.3d 558

2016 NY Slip Op 03976

ASPEN AMERICAN INSURANCE COMPANY, as Subrogee of Ventrex LLC, Appellant, v. SANGHAMITRA KODUKULA, Defendant, and FLAT RATE MOVERS, LTD., Respondent.

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

Decided May 19, 2016.

The motion court dismissed plaintiff's claims as against Flat Rate Movers Ltd. for failure to state a cause of action, and thus plaintiff was free to commence a new action for the identical relief (see CPLR 205 [a]). Inasmuch as plaintiff has commenced a new action against Flat Rate, dismissal of the appeal, based on the court's denial of plaintiff's motion for leave to replead...

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