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16 Jul 2023, 6:44 pm by Franklin C. McRoberts
Accordingly, the defendant’s motion to dismiss should have been denied”]; Brandenberg v Primus Assoc., 304 AD2d 694 [2d Dept 2003] [“Supreme Court . . . properly denied that branch of the appellants’ motion which was to dismiss the complaint . . . as barred by the doctrines of res judicata and collateral estoppel where the prior action was dismissed without prejudice and the issue of legal sufficiency of the complaint was not ‘necessarily decided’”… [read post]