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TENEYCK, INC. v. ROSENBERG

11119, 650853/12.

111 A.D.3d 529 (2013)

975 N.Y.S.2d 335

2013 NY Slip Op 7687

TENEYCK, INC., Formerly Known as NEILL SUPPLY CO., INC., Appellant, v. ROBERT D. ROSENBERG, Respondent.

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

Decided November 19, 2013.

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered January 11, 2013, which granted defendant's motion to dismiss the complaint, unanimously affirmed, with costs. [Prior Case History: 39 Misc.3d 194.].

This action is barred by the doctrine of in pari delicto (see Kirschner v KPMG LLP, 15 N.Y.3d 446, 464 [2010]). The parties pleaded guilty in federal court to identical...

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