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BIZOUNOUYA v. CNA INS. CO.

Index No. 300082/19. Appeal No. 705&M-3854. Case No. 2022/05399.

220 A.D.3d 404 (2023)

196 N.Y.S.3d 444

2023 NY Slip Op 04919

Daourou Bizounouya, Appellant, v. CNA Insurance Company et al., Respondents.

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

Decided October 3, 2023.

Attorney(s) appearing for the Case

Daourou Bizounouya, appellant pro se.

Kennedys Law LLP, New York ( Nitin Sain of counsel), for CNA Insurance Company, respondent.

Peter C. Merani P.C., New York ( Samuel A. Kamara of counsel), for Allstate Insurance Company, respondent.

Concur—Oing, J.P., Friedman, Kennedy, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about August 29, 2022, which, to the extent appealed from as limited by the briefs, granted defendant Allstate Insurance Company's cross-motion to dismiss the complaint pursuant to CPLR 3211(a)(5), unanimously affirmed, with costs.

Plaintiff's claims are barred by the doctrine res judicata because they arise out of the same transaction—the June 2007 motor vehicle accident—underlying...

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