American Preferred Prescription, Inc. v. Continental Pharmacy, Inc.

Appellate Division of the Supreme Court of New York

American Preferred Prescription, Inc. v. Continental Pharmacy, Inc.

216 A.D.2d 33, 627 N.Y.S.2d 390, 1995 N.Y. App. Div. LEXIS 6154

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 8, 1995

StatusPublished

This text of 216 A.D.2d 33 (American Preferred Prescription, Inc. v. Continental Pharmacy, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Preferred Prescription, Inc. v. Continental Pharmacy, Inc., 216 A.D.2d 33, 627 N.Y.S.2d 390, 1995 N.Y. App. Div. LEXIS 6154 (N.Y. Ct. App. 1995).

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Opinion

Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about May 13, 1994, which, inter alia, granted defendants-respondents’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

The judgment in the prior Federal action (Preferred RX v American Prescription Plan, US Dist Ct, ND Ohio, Manos, J., affd in part and revd in other respects 46 F3d 535 [6th Cir]) is res judicata of the present action, both actions involving the [34]*34same parties and substantially similar facts that arose out of the same series of transactions and that would have formed a convenient trial unit (Smith v Russell Sage Coll., 54 NY2d 185). Plaintiff could have and should have raised its current claims in the Federal action (see, Action Pictures v Films Around The World, 202 AD2d 188). Concur—Murphy, P. J., Rosenberger, Wallach, Williams and Tom, JJ.

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Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about May 13, 1994, which, inter alia, granted defendants-respondents’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

The judgment in the prior Federal action (Preferred RX v American Prescription Plan, US Dist Ct, ND Ohio, Manos, J., affd in part and revd in other respects 46 F3d 535 [6th Cir]) is res judicata of the present action, both actions involving the [34]*34same parties and substantially similar facts that arose out of the same series of transactions and that would have formed a convenient trial unit (Smith v Russell Sage Coll., 54 NY2d 185). Plaintiff could have and should have raised its current claims in the Federal action (see, Action Pictures v Films Around The World, 202 AD2d 188). Concur—Murphy, P. J., Rosenberger, Wallach, Williams and Tom, JJ.

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Bluebook (online)

216 A.D.2d 33, 627 N.Y.S.2d 390, 1995 N.Y. App. Div. LEXIS 6154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-preferred-prescription-inc-v-continental-pharmacy-inc-nyappdiv-1995.

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