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CAR PARK SYSTEMS OF NEW YORK INC. v. ULL

650777/15, 4605, 4604, 4603.

154 A.D.3d 444 (2017)

60 N.Y.S.3d 825

2017 NY Slip Op 06986

CAR PARK SYSTEMS OF NEW YORK INC. et al., Appellants, v. RICHARD ULL et al., Respondents.

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

Decided October 5, 2017.

The motion court correctly found that the order dismissing a prior complaint barred the instant complaint on the ground of res judicata, because the determination in the first action that plaintiffs could not demonstrate reasonable reliance to support their fraud claim was a determination on the merits (see Coutsodontis v Peters, 39 A.D.3d 274, 275 [1st Dept 2007]). In addition, we find that dismissal of the conversion claim as time...

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