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RICHBELL SERVS. v. JUPITER

280 A.D.2d 208 (2001)

723 N.Y.S.2d 134

RICHBELL INFORMATION SERVICES, INC., et al., Appellants-Respondents, v. JUPITER PARTNERS L.P. et al., Respondents-Appellants.

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

March 20, 2001.

Attorney(s) appearing for the Case

Charles E. Dorkey, III, of counsel (Thomas I. Sheridan, III, Steven R. Schoenfeld and David Sack on the brief; TORYS, attorneys), for appellants-respondents.

Elliot G. Sagor of counsel (Julie A. North, Howard W. Goldstein and Robert M. Osgood on the brief; Squadron, Ellenoff, Plesent & Sheinfeld, L. L. P.; Cravath, Swaine & Moore; Fried, Frank, Harris, Shriver & Jacobson and Sullivan & Cromwell, attorneys), for respondents-appellants.

NARDELLI, J.P., WILLIAMS, LERNER and RUBIN, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

In this action plaintiffs allege that defendants conspired by fraudulent and tortious conduct to misappropriate their interest in a joint venture and to ruin plaintiffs financially so as to prevent them from obtaining redress in the courts. The precise question on appeal is whether the complaint should have been dismissed on the ground that plaintiffs' assignment of their claims to an entity financially able to sustain the...

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