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EMIC CORP. v. BARENBLATT

8560. 153977/16.

169 A.D.3d 621 (2019)

92 N.Y.S.3d 883

2019 NY Slip Op 01503

Emic Corp., Formerly Known as Apple Mortgage Corp., Appellant, v. Richard Barenblatt et al., Respondents.

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

Decided February 28, 2019.

Neither claim preclusion nor issue preclusion bars this state court action. Claim preclusion does not apply because the federal court judgment was not on the merits (see Landau, P.C. v LaRossa, Mitchell & Ross, 11 N.Y.3d 8, 13 [2008]), and issue preclusion does not apply because the issues were not identical (see Jeffreys v Griffin, 1 N.Y.3d 34, 39 [2003]). To the extent that the motion...

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