Metropolitan Plaza WP, LLC v. Goetz Fitzpatrick, LLP

Appellate Division of the Supreme Court of New York

Metropolitan Plaza WP, LLC v. Goetz Fitzpatrick, LLP

126 A.D.3d 597, 3 N.Y.S.3d 595

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

DecidedMarch 24, 2015

Docket14594 115519/09

StatusPublished

Cited by1 cases

This text of 126 A.D.3d 597 (Metropolitan Plaza WP, LLC v. Goetz Fitzpatrick, LLP) 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

Metropolitan Plaza WP, LLC v. Goetz Fitzpatrick, LLP, 126 A.D.3d 597, 3 N.Y.S.3d 595 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, New York County (Louis B. York, *598 J.), entered January 17, 2014, dismissing the complaint, unanimously affirmed, without costs.

The motion court correctly gave collateral estoppel effect to the rulings of the bankruptcy court in a prior proceeding finding deceit and other misconduct by plaintiffs, as well as defendants, and dismissed the complaint pursuant to the doctrine of in pari delicto (see Kirschner v KPMG LLP, 15 NY3d 446, 464 [2010]).

We have considered plaintiffs’ remaining contentions and find them unavailing.

Concur — Mazzarelli, J.P., Friedman, Sweeny, Gische and Kapnick, JJ.

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Judgment, Supreme Court, New York County (Louis B. York, *598 J.), entered January 17, 2014, dismissing the complaint, unanimously affirmed, without costs.

The motion court correctly gave collateral estoppel effect to the rulings of the bankruptcy court in a prior proceeding finding deceit and other misconduct by plaintiffs, as well as defendants, and dismissed the complaint pursuant to the doctrine of in pari delicto (see Kirschner v KPMG LLP, 15 NY3d 446, 464 [2010]).

We have considered plaintiffs’ remaining contentions and find them unavailing.

Concur — Mazzarelli, J.P., Friedman, Sweeny, Gische and Kapnick, JJ.

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Bluebook (online)

126 A.D.3d 597, 3 N.Y.S.3d 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-plaza-wp-llc-v-goetz-fitzpatrick-llp-nyappdiv-2015.

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