Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered August 2, 2022, which converted defendants' motion to dismiss the second amended complaint to a motion for summary judgment and granted the motion on the grounds of res judicata, and denied as moot plaintiff's cross-motion for summary judgment, unanimously modified, on the law, to deny defendants' motion, reinstate the second amended complaint, and remand the matter to Supreme Court for determination...
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