Frenk v. Solomon

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered December 23, 2013, on the record of a hearing dated December 18, 2013, so-ordered by the court on January 17, 2014, and corrected by stipulation entered January 27, 2014, which, insofar as appealed from, denied defendants’ motion to dismiss the declaratory judgment, replevin, conversion, bailment, constructive trust, accounting, and unjust enrichment causes of action, unanimously affirmed, without costs.

Given plaintiff’s allegations raising the inference that the stipulation of discontinuance with prejudice and the general…