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ULTIMATE HEALTH v. AMERIPRISE

2014-1601 QC.

57 Misc.3d 9 (2017)

2017 NY Slip Op 27245

56 N.Y.S.3d 770

ULTIMATE HEALTH PRODUCTS, INC., as Assignee of Jean Antoine, Appellant, v. AMERIPRISE AUTO & HOME, Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided July 14, 2017.

Attorney(s) appearing for the Case

The Rybak Firm, PLLC ( Damin J. Toell of counsel) for appellant.

Bruno, Gerbino & Soriano, LLP ( Mitchell L. Kaufman of counsel) for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed, with $30 costs, the branches of defendant's cross motion seeking leave to amend defendant's answer to assert that the action is barred by the doctrine of res judicata, and summary judgment dismissing the complaint on that ground are denied, and the matter is remitted to the Civil Court for a new determination of plaintiff's motion for summary judgment and for...

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