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GIANATASIO v. D'AGOSTINO

No. 11 Civ. 3095.

862 F.Supp.2d 343 (2012)

Robert GIANATASIO, Plaintiff, v. Mario D'AGOSTINO, Persal LLC d/b/a Muscle Maker Grill and Tirreanian Realty, Defendants.

United States District Court, S.D. New York.

May 22, 2012.

Attorney(s) appearing for the Case

Neil S. Comer, Attorney at Law, by: Neal S. Comer, Esq., White Plains, NY, for Plaintiff.

Peter J. Piergiovanni, Esq., by: Peter J. Piergiovanni, Esq., Bronx, NY, for Defendants.

OPINION

SWEET, District Judge.

The defendants Mario D'Agostino, Persal, LLC d/b/a Muscle Maker Grill and Tirrenian Realty Corp. (the "Defendants") have moved pursuant to Fed.R.Civ.P. 8(c)(1) to dismiss the complaint (the "Complaint") filed by plaintiff Robert Gianatasio (the "Plaintiff") under the affirmative defenses of res judicata, collateral estoppel and the full faith and credit doctrine. Based upon the conclusions set forth below, Defendants' motion...

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