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RAY v. RAY

153945/14. 5815. 5814.

158 A.D.3d 578 (2018)

68 N.Y.S.3d 724

2018 NY Slip Op 01271

AMES RAY, Appellant, v. CHRISTINA RAY et al., Respondents.

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

Decided February 22, 2018.

As this Court's decision in the prior appeal indicates, the 2010 complaint was dismissed not on the merits but due to pleading defects (see Ray v Ray, 108 A.D.3d 449 [1st Dept 2013]). Therefore, the present complaint is not barred by the doctrines of res judicata or collateral estoppel (Hodge v Hotel Empls. & Rest. Empls. Union Local 100 of AFL-CIO, 269 A.D.2d 330 [1st Dept 2000]).<...

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