Appellate Division of the Supreme Court of New York, 1996

Doe v. Pace University Schools of Law

Doe v. Pace University Schools of Law
Appellate Division of the Supreme Court of New York · Decided October 7, 1996
232 A.D.2d 368; 648 N.Y.S.2d 321; 1996 N.Y. App. Div. LEXIS 9918
Doe v. Pace University Schools of Law

Opinion of the Court

—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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