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STATE v. SAMARITAN ASSET MGT.

22 Misc.3d 669 (2008)

STATE OF NEW YORK, Plaintiff, v. SAMARITAN ASSET MANAGEMENT SERVICES, INC., et al., Defendants.

Supreme Court of the State of New York, New York County.

October 29, 2008.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy LLP, New York City (George Canellos of counsel), for Johnson Capital Management, Inc., defendant. Sidney Austin LLP, Chicago, Illinois (Thomas K. Cauley, Jr. of counsel), for Samaritan Asset Management Services, Inc., defendant. Andrew M. Cuomo, Attorney General, New York City (Armen Morian of counsel), for plaintiff.

OPINION OF THE COURT

BERNARD J. FRIED, J.

Motion sequence Nos. 003 and 004 are consolidated for disposition. In motion sequence No. 003, defendants Johnson Capital Management, Inc. and Michael A. Johnson (together, the Johnson defendants) move, pursuant to CPLR 3211 (a) (7), (8) and 3016 (b) to dismiss the complaint. In motion sequence No. 004, defendants Samaritan Asset Management Services, Inc. and Edward T. Owens (together, the Samaritan defendants) also...

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