New York Court of Appeals
Kent Development Co., Inc., Appellants v. Manlio Liccione, Defendants, and James Gnerre, Also Known…
October 28, 197537 N.Y.2d 899
Summary
The New York Court of Appeals reversed the Appellate Division and reinstated the Special Term's denial of the motions to dismiss and summary judgment, holding that a prior action does not bar a CPLR 3211(a)(4) dismissal when it is not for the same cause of action and that the conspiracies alleged are separate claims.