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SUN MEI INC. v. CHEN

21 A.D.3d 265 (2005)

800 N.Y.S.2d 133

SUN MEI INC. et al., Appellants-Respondents, v. DONNA CHEN et al., Defendants, and 101 MAIDEN LANE REALTY CO., LLC, Respondent-Appellant.

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

August 4, 2005.

According the complaint a liberal construction, accepting the facts as true, and making all inferences in plaintiffs' favor (Leon v. Martinez, 84 N.Y.2d 83, 87-88 [1994]), the complaint was properly dismissed. Because plaintiffs' challenge to the existence and validity of the lease at 225 Centre Street in Manhattan had earlier been litigated and brought to a final conclusion, these subsequent claims with respect to validity of the...

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