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KARNIOL v. GOOD MOVE TRUCKING, INC.

281 A.D.2d 287 (2001)

722 N.Y.S.2d 143

WILLIAM KARNIOL et al., Respondents, v. GOOD MOVE TRUCKING, INC., Appellant, et al., Defendants.

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

Decided March 20, 2001.

We reject defendant's argument that the motion court should have unconditionally dismissed plaintiffs' complaint pursuant to CPLR 3211 (a) (5) on the ground that a prior United States District Court action between the same parties based upon the same causes of action was discontinued "with prejudice." Defendant fails to address the conference which took place in the District Court prior to plaintiffs' counsel's letter of discontinuance with prejudice being "so ordered," at...

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