FRENK v. SOLOMON

13642, 650298/13

123 A.D.3d 416 (2014)

998 N.Y.S.2d 42

2014 NY Slip Op 08376

MARGIT FRENK, Respondent, v. YRIS RABENOU SOLOMON et al., Appellants.

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

Decided December 2, 2014.


Given plaintiff's allegations raising the inference that the stipulation of discontinuance with prejudice and the general release of claims in a prior action were not intended to encompass the instant claims, and her allegations of fraudulent inducement raising equitable considerations, the court correctly declined to grant defendants' motion to dismiss the causes of action indicated above at this pre-answer stage based on the doctrine of res judicata or enforcement of the...

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