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WAX v. 716 REALTY, LLC

2015-01705. Index No. 22020/13.

151 A.D.3d 902 (2017)

58 N.Y.S.3d 83

2017 NY Slip Op 04876

LIAM WAX, by His Mother and Natural Guardian, NOA WAX, et al., Appellants, v. 716 REALTY, LLC, et al., Respondents, et al., Defendants.

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

Decided June 14, 2017.

Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the motion of the defendants 716 Realty, LLC, Ace Management Realty, LLC, and Topco Pest Control, Inc., which were pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against them as barred by the doctrines of res judicata and collateral estoppel, and substituting therefor a provision denying those...

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