From Casetext: Smarter Legal Research

Seidman v. Greenblatt

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 2005
17 A.D.3d 209 (N.Y. App. Div. 2005)

Opinion

5887.

April 19, 2005.

Order and judgment (one paper), Supreme Court, New York County (Ira Gammerman, J.), entered January 22, 2004, dismissing the complaint, unanimously affirmed, with one bill of costs.

Greenberg Traurig LLP, New York (Adam D. Cole of counsel), for appellant.

Dickstein Shapiro Morin Oshinsky LLP, New York (Kenneth H. Frenchman of counsel), for respondents.

Before: Buckley, P.J., Mazzarelli, Andrias, Saxe and Friedman, JJ.


The arbitration award apportioning fault between plaintiff and the fraud victims included the brokerage houses' share of responsibility as the victims' agents, and thus bars plaintiff's contribution claim against said defendants-respondents. Plaintiff is precluded from ascribing liability to them under a different theory from that claimed in arbitration ( see Elliott Assoc., L.P. v. Hayes, 14 AD3d 435).

We have considered plaintiff's other contentions and find them unavailing.


Summaries of

Seidman v. Greenblatt

Appellate Division of the Supreme Court of New York, First Department
Apr 19, 2005
17 A.D.3d 209 (N.Y. App. Div. 2005)
Case details for

Seidman v. Greenblatt

Case Details

Full title:BDO SEIDMAN, LLP, Appellant, v. JOEL GREENBLATT et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 19, 2005

Citations

17 A.D.3d 209 (N.Y. App. Div. 2005)
794 N.Y.S.2d 13