Salwen Paper Co. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*386OPINION OF THE COURT
Hopkins, J.
The action is brought to recover damages for breach of fiduciary duty and negligent performance of that duty. The plaintiff is a corporation which formed a profit-sharing plan for its employees. The defendant is a securities broker to whom allegedly the funds of the plan were given for investment.
The defendant moved to dismiss the complaint, inter alia, on the ground that the action was barred by operation of the doctrine of res judicata arising from the dismissal of a prior action brought by the plaintiff against the defendant in the United States District…
2Cases cited7 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- McLearn v. Cowen & Co.New York Court of Appeals · 1979
- Carroll v. Bear, Stearns & Co.District Court, S.D. New York · 1976
- Wolfe v. BellizziNew York Supreme Court · 1969
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
- Ronald Davidson v. Clement B. Capuano, David R. Harris and Joseph P. KeenanCourt of Appeals for the Second Circuit · 1986
- Kelty v. BrumfieldSupreme Court of Louisiana · 1994
- Maldonado v. FlynnCourt of Chancery of Delaware · 1980
- Robert E. BOTTINI, Plaintiff-Appellant, v. SADORE MANAGEMENT CORP., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1985
17 more not listed; retrieve them via the Exa API.