It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, that part of the motion to dismiss the complaint with respect to the statements in the July 22, 2005 corporate form 8-K filing with the Federal Securities and Exchange Commission is denied and that part of the complaint is reinstated.
Memorandum:
Plaintiffs commenced this action seeking to recover damages for, inter alia, allegedly...
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