Legal Opinion

Sahn v. AFCO Industries

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

Decided April 29, 1993PublishedCited by 5 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Carol Arber, J.), entered November 8, 1991, which, inter alia, denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and which dismissed the third, fourth, and fifth causes of action pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs and without disbursements.

The doctrine of collateral estoppel is inapplicable in this instance since the prior Federal action did not decide the issue *481which is present in this case, namely, whether defendant Finkelstein was negligent or reckless in advising plaintiff as he…

2Cases cited2 opinions

  1. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  2. Royal Insurance Co. of America v. Cathy Daniels, Ltd.District Court, S.D. New York · 1988

3Cited by5 opinions

  1. Adam v. CutnerAppellate Division of the Supreme Court of the State of New York · 1997
  2. Bauer v. Mellon Mortgage Co.New York Supreme Court · 1998
  3. Mattes v. RubinbergAppellate Division of the Supreme Court of the State of New York · 1995
  4. Colaio v. United Medical Examiners, P. C.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Bleecker St. Invs., LLC v. ZabariAppellate Terms of the Supreme Court of New York · 2016

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