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MAZARELLA v. ELECTROPEP DATA-COMM PRODS., INC.

241 A.D.2d 513 (1997)

661 N.Y.S.2d 530

James Mazarella, Respondent, v. Electropep Data-Comm Products, Inc., Defendant, and Mark Lemelman et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 21, 1997

Ordered that the order is affirmed, with costs.

The allegations contained in the third cause of action of the plaintiff's second amended complaint, including but not limited to those which accuse the appellants of the diversion of corporate assets to themselves "solely with the intent to avoid the employment agreement [between the plaintiff and the appellants] and to place the corporate defendant in a position of insolvency", are sufficient to withstand a motion to...

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