Opinion
3406.
Decided April 20, 2004.
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.
Storch Amini Munves, P.C., New York (Steven G. Storch of counsel), for appellant.
Heller, Horowitz Feit, P.C., New York (Jacob W. Heller of counsel), for respondents.
Before: Tom, J.P., Williams, Friedman, Marlow, JJ.
The motion court realistically applied the flexible doctrine of issue preclusion ( see Jeffreys v. Griffin, 1 N.Y.3d 34, 40; Buechel v. Bain, 97 N.Y.2d 295, 303-304, cert denied 535 U.S. 1096) 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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.