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STATE v. MOSKOWITZ

104 Misc.2d 170 (1980)

State of New York, Plaintiff, v. Joseph Moskowitz et al., Individually and as Partners Doing Business as Woodcrest Nursing Home, Defendants.

Supreme Court, Special Term, Kings County.

April 28, 1980.

Attorney(s) appearing for the Case

Charles J. Hynes, Deputy Attorney-General (Elizabeth T. Bogren of counsel), for plaintiff. Fink, Weinberger, Fredman, Berman & Lowell, P.C., for defendants.

FRANK COMPOSTO, J.

In this action by the State of New York (State) to recoup alleged excess funds paid to defendants by reason of defendants' alleged fraud and concealment, defendants move to dismiss each of the causes of action set forth in the complaint on grounds of "collateral estoppel; res judicata; and because they fail to state a cause of action".

On a motion to dismiss causes of action for insufficiency,

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