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MUKHOPADHYAY v. GENESIS CORP.

70 A.D.3d 520 (2010)

894 N.Y.S.2d 430

ARNAB MUKHOPADHYAY et al., Appellants, v. GENESIS CORP., Doing Business as GENESIS 10, Respondent.

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

Decided February 18, 2010.

We note that plaintiffs do not challenge the motion court's treatment of defendant's motion to dismiss on the ground of res judicata as a motion to dismiss on the ground of failure to state a cause of action. The complaint alleges that the individual plaintiff organized the corporate plaintiff, and then quit his job and sustained various damages, because of defendant's fraudulent or negligent misrepresentation as to the existence...

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