Doe v. Pace University School of Law

Full title: JOHN DOE, Appellant, v. PACE UNIVERSITY SCHOOL OF LAW, Respondent

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

Date published: Oct 7, 1996

232 A.D.2d 368 (N.Y. App. Div. 1996)

648 N.Y.S.2d 321

Opinion

October 7, 1996.

In an action, inter alia, to recover damages for misrepresentation, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scarpino, J.), entered February 5, 1996, which denied his motion for a preliminary injunction, and granted the defendant's cross motion to dismiss the complaint.

Before: Thompson, J. P., Sullivan, Santucci and McGinity, JJ.

Ordered that the order is affirmed, with costs.

The plaintiffs motion for a preliminary injunction was properly denied and his complaint properly dismissed on the ground of res judicata ( see, e.g., Gramatan Home Investors Corp. v Lopez, 46 NY2d 481; Ryan v New York Tel. Co., 62 NY2d 494).