Legal Opinion
State v. Moskowitz
New York Supreme Court
Decided April 28, 1980Published
1Opinion of the Court
OPINION OF THE COURT
Frank Composto, J.
In this action by the State of New York (State) to recoup alleged excess funds paid to defendants by reason of defendants’ alleged fraud and concealment, defendants move to dismiss each of the causes of action set forth in the complaint on grounds of "collateral estoppel; res judicata; and because they fail to state a cause of action”.
On a motion to dismiss causes of action for insufficiency, *171the court assumes "as we must, the truth of the factual allegations set forth in [the complaint]” (Matter of Bernstein v Toia, 43 NY2d 437, 441) and deems them to…
2Cases cited16 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
- Bernstein v. ToiaNew York Court of Appeals · 1977
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