New York Supreme Court April 28, 1980 (State v. Moskowitz)

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”.