Ordered that the order is affirmed insofar as appealed from, with costs.
In the first and second causes of action in the complaint, the plaintiff seeks a judgment declaring that he is the record owner of 1,155,601 shares of common stock of the defendant, American Bio Medica Corporation (hereinafter ABM), pursuant to a stock exchange agreement, and to recover the value of those shares. ABM moved, inter alia, to dismiss those causes of action as barred by the doctrine...
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