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MODE OF OPERATION: Superior Court upholds ruling in favor of defendant on Motion to Dismiss, as Mode of Operation is not a new cause of action where plaintiff previously brought suit under negligence theory

The Superior Court denies defendant’s Motion to Reargue reaffirming the court’s granting of defendant’s Motion to Dismiss pursuant to the prior pending action doctrine.  The defendant filed the Motion to Dismiss arguing that the plaintiff’s mode of operation claim was…

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