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HERITAGE REALTY ADVISORS, LLC v. MOHEGAN HILL DEVELOPMENT, LLC

58 A.D.3d 435 (2009)

870 N.Y.S.2d 29

HERITAGE REALTY ADVISORS, LLC, et al., Respondents, v. MOHEGAN HILL DEVELOPMENT, LLC, et al., Appellants.

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

January 8, 2009.

The dismissal in a prior Westchester County action, pursuant to CPLR 3211 (a) (1) and (7), of plaintiffs' breach of contract action as against defendant Mohegan Hill Development, LLC (MHD), bars the instant action for, inter alia, tortious interference with a contract and unjust enrichment, as to all defendants (see generally O'Brien v City of Syracuse, 54 N.Y.2d 353, 357 [1981]). Not only are the two actions based on the same transactions...

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