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MITCHELL v. NEW YORK UNIVERSITY

15574, 150622/13

129 A.D.3d 542 (2015)

12 N.Y.S.3d 30

2015 NY Slip Op 05136

SETH MITCHELL, CFA, Appellant, v. NEW YORK UNIVERSITY ("NYU") et al., Respondents.

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

Decided June 16, 2015.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about January 14, 2014, which granted defendants' motion to dismiss the complaint and denied plaintiff's cross motion for a default judgment against defendants, unanimously affirmed, without costs.

[Prior Case History: 2014 NY Slip Op 30063(U).]

The motion court properly determined that a CPLR article 78 proceeding, not a plenary...

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