Ordered that the order is reversed insofar as appealed from, on the law, with costs, the branches of the motion which are to dismiss the complaint pursuant to CPLR 3211 (a) (5) and (7) are granted, and the complaint is dismissed.
In the complaint, which was filed in February 2000, the plaintiff alleged that the defendant, while in the employ of a corporation wholly owned by the plaintiff, "diverted monies rightfully belonging to the Plaintiff." These acts allegedly...
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