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SHARAF v. SOTNYCHUK

No. 113049/2010.

2011 NY Slip Op 31314(U)

WAHID SHARAF AND ISABEL FRASERSEWELL, as Administrators of the Estate of Siyad Sharaf, Plaintiffs, v. RAYMOND SOTNYCHUK and HUMBERTO ABENOZA, Defendants.

Supreme Court, New York County.

Motion Date March 15, 2011.

Decision and Order

JOAN B. LOBIS, Judge.

Defendant Raymond Sotnychuk brings this pre-answer motion for an order dismissing the complaint as against him pursuant to various provisions of C.P.L.R. Rule 3211. He seeks dismissal on the basis that documentary evidence defeats plaintiffs' claims; that the causes of action are barred by the principles of collateral estoppel and res judicata; and that the complaint fails to state a cause of...

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