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Magazines Unlimited v. Brody

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 2006
28 A.D.3d 320 (N.Y. App. Div. 2006)

Opinion

8135.

April 18, 2006.

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered December 16, 2004, which, to the extent appealed from, denied the attorney defendants' motion to dismiss the remaining cause of action in the complaint, unanimously affirmed, without costs.

Before: Buckley, P.J., Friedman, Marlow and Nardelli, McGuire JJ.


Defendants, seeking the benefit of collateral estoppel and res judicata, failed to demonstrate that the issue and claim for conversion raised in the instant action had necessarily been decided in the prior action against plaintiffs, or that plaintiffs had a full and fair opportunity to litigate the issue ( see Gramatan Home Invs. Corp. v. Lopez, 46 NY2d 481, 485).

We have reviewed the parties' requests for sanctions and reject them.


Summaries of

Magazines Unlimited v. Brody

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 2006
28 A.D.3d 320 (N.Y. App. Div. 2006)
Case details for

Magazines Unlimited v. Brody

Case Details

Full title:MAGAZINES UNLIMITED et al., Respondents, v. NEIL BRODY et al., Appellants…

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

Date published: Apr 18, 2006

Citations

28 A.D.3d 320 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2823
812 N.Y.S.2d 353