I. Appel Corp. v. Mahoney Cohen & Co.

Appellate Division of the Supreme Court of New York

I. Appel Corp. v. Mahoney Cohen & Co.

6 A.D.3d 279, 774 N.Y.S.2d 701, 2004 N.Y. App. Div. LEXIS 4624

Appellate Division of the Supreme Court of the State of New York·Decided April 20, 2004·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about January 23, 2003, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court realistically applied the flexible doctrine of issue preclusion (see Jeffreys v Griffin, 1 NY3d 34, 40 [2003]; Buechel v Bain, 97 NY2d 295, 303-304 [2001], cert denied 535 US 1096 [2002]) in barring all of plaintiffs’ claims, based on the arbitrators’ finding that plaintiff Feinberg could not have reasonably relied on the financial statements and other financial documents produced by defendants.

We have considered plaintiffs’ other contentions and find them unavailing. Concur—Tom, J.P., Williams, Friedman and Marlow, JJ.

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Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about January 23, 2003, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court realistically applied the flexible doctrine of issue preclusion (see Jeffreys v Griffin, 1 NY3d 34, 40 [2003]; Buechel v Bain, 97 NY2d 295, 303-304 [2001], cert denied 535 US 1096 [2002]) in barring all of plaintiffs’ claims, based on the arbitrators’ finding that plaintiff Feinberg could not have reasonably relied on the financial statements and other financial documents produced by defendants.

We have considered plaintiffs’ other contentions and find them unavailing. Concur—Tom, J.P., Williams, Friedman and Marlow, JJ.

I. Appel Corp. v. Mahoney Cohen & Co., 6 A.D.3d 279, 774 N.Y.S.2d 701, 2004 N.Y. App. Div. LEXIS 4624 (N.Y. Ct. App. 2004).

Pincite

6 A.D.3d 279 (I. Appel Corp. v. Mahoney Cohen & Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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