GITLIN v. CHIRINKIN

2013-01892, Index No. 12131/07.

121 A.D.3d 939 (2014)

993 N.Y.S.2d 914

2014 NY Slip Op 07121

EDUARD GITLIN, Individually and on Behalf of KEW APARTMENT HOLDINGS, LLC, et al., Appellants, v. ALEX CHIRINKIN et al., Respondents.

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

Decided October 22, 2014.


In an action, inter alia, to recover damages for breach of contract, breach of fiduciary duty, fraud, and unjust enrichment, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), entered December 19, 2012, which granted the defendants' motion to dismiss the second amended complaint as barred by the doctrine of in pari delicto.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants...

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