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COHEN v. GLASS

9693, 655689/16E.

173 A.D.3d 580 (2019)

100 N.Y.S.3d 872

2019 NY Slip Op 05065

Dan Cohen et al., Appellants, v. Samuel I. Glass et al., Respondents.

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

Decided June 25, 2019.

The motion court correctly determined that the issues raised in this action are identical to those sought to be litigated in plaintiffs' prior action, which was dismissed as time barred, a determination from which plaintiffs did not appeal (see Nationwide Mut. Ins. Co. v U.S. Underwriters Ins. Co., 151 A.D.3d 504, 505-506 [1st Dept 2017]). Because a dismissal on the ground that the statute of limitations has expired is a determination...

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