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Doe v. Pace University Schools of Law

232 A.D.2d 368 Court N.Y. App. Div. Decision date 1996-10-07 English

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p. 368
John Doe, Appellant, v Pace University School of Law, Respondent.
[648 NYS2d 321]

—In an action, inter alia, to recover damages for misrepresentation, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scarpino, J.), entered February 5, 1996, which denied his motion for a preliminary injunction, and granted the defendant’s cross motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff’s motion for a preliminary injunction was properly denied and his complaint properly dismissed on the ground of res judicata (see, e.g., Gramatan Home Investors Corp. v Lopez, 46 NY2d 481 ; Ryan v New York Tel. Co., 62 NY2d 494 ). Thompson, J. P., Sullivan, Santucci and McGinity, JJ., concur.

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