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KNOBEL v. DEMBA WEI, LLP

655000/18. 11614. 656660/17. 11613.

184 A.D.3d 425 (2020)

126 N.Y.S.3d 1

2020 NY Slip Op 03193

Steven M. Knobel, Appellant, v. Demba Wei, LLP, et al., Respondents. In the Matter of Eric Wei, Respondent, v. Steven M. Knobel, Appellant.

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

Decided June 4, 2020.

As the dismissal of a prior action commenced by Dembra Wei, LLP for failure to attend a calendar call (22 NYCRR 202.27[b]) was not on the merits, it does not have res judicata effect (Hernandez v St. Barnabas Hosp., 89 A.D.3d 457 [1st Dept 2011]; Espinoza v Concordia Intl. Forwarding Corp., 32 A.D.3d 326 [1st Dept 2006]). Therefore, the parties were not precluded from commencing subsequent...

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