Behren v. Papworth

The complaint in this action contained nine purportedly separate causes of action, all relating to an alleged oral joint venture agreement between the parties for the publication of a new tax magazine for accountants. The court at Special Term dismissed all nine causes on the basis of the res judicata, or collateral estoppel, effect of a judgment rendered in a prior proceeding between the parties. The Appellate Division modified by reinstating the first, third and ninth causes, and otherwise affirmed, one justice dissenting as to the second cause. The defendants have appealed to this court…