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BENJAMIN CUNNINGHAM, REENA CUNNINGHAM AND MAHIMA CUNNINGHAM, plf-app, v. CITY OF NEW YORK, ATTN CORPORATION COUNSEL, JOHN DOE, JANE DOE, P.O. FRANK LUCIA, P.O. RICHARD BABOOLAL, def-res

14-275. BENJAMIN CUNNINGHAM, REENA CUNNINGHAM AND MAHIMA CUNNINGHAM, plf-app, v. CITY OF NEW YORK, ATTN CORPORATION COUNSEL, JOHN DOE, JANE DOE, P.O. FRANK LUCIA, P.O. RICHARD BABOOLAL, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Eddie J. McShan, J.), entered March 11, 2014, affirmed, without costs.

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14-275. BENJAMIN CUNNINGHAM, REENA CUNNINGHAM AND MAHIMA CUNNINGHAM, plf-app, v. CITY OF NEW YORK, ATTN CORPORATION COUNSEL, JOHN DOE, JANE DOE, P.O. FRANK LUCIA, P.O. RICHARD BABOOLAL, def-res — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Eddie J. McShan, J.), entered March 11, 2014, affirmed, without costs.

Civil Court providently exercised its discretion in denying plaintiffs’ motion to renew, since the purportedly new evidence would not have changed the outcome of defendants’ prior motion to dismiss the complaint on the ground that there was a prior action pending (see CPLR 3211[a] [4]). The presence in the within action of an additional party-defendant not named in the prior action is not fatal to defendants’ CPLR 3211(a)(4) dismissal motion, where both suits arise out of the same subject matter or series of alleged wrongs (see Angel v. Bank of Tokyo-Mitsubishi, Ltd., 39 AD3d 368, 370 [2007]; White Light Prods. v. On The Scene Prods., 231 AD2d 90, 94 [1997]; see also Kent Dev. Co. v. Liccione, 37 NY2d 899, 901 [1975]).

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