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FOX v. WELSBACH ELEC. CORP.

2019-05559. Index No. 701429/14.

191 A.D.3d 766 (2021)

138 N.Y.S.3d 363

2021 NY Slip Op 00837

Glen Fox, Appellant, v. Welsbach Electric Corp. et al., Respondents.

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

Decided February 10, 2021.

Attorney(s) appearing for the Case

Bloomberg, Steinberg & Bader ( Arnold E. DiJoseph , P.C., New York, NY, of counsel), for appellant.

London Fischer LLP, New York, NY ( Amy M. Kramer of counsel), for respondents.

Chambers, J.P., Austin, LaSalle and Brathwaite Nelson, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint on the grounds of res judicata and collateral estoppel, based on an order dated November 6, 2018, granting that branch of their motion which was for summary judgment dismissing the complaint...

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