Legal Opinion
McLearn v. Cowen & Co.
New York Court of Appeals
Decided October 16, 1979PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
As that court held, plaintiff-appellant’s present claim is precluded by the determination adverse to her in the Federal court action. If one accepts the contention now advanced by her that recovery on the theory of breach of common-law fiduciary duties was not pleaded in the Federal action, it could have been. On the other hand, if one accepts the analysis of the pleadings advanced by the dissenter, the common-law cause of action was separately pleaded in the Federal action. In any event it is…
2Cases cited1 opinion
- Reilly v. ReidNew York Court of Appeals · 1978
3Cited by49 opinions
- Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
- Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
- Ronald Davidson v. Clement B. Capuano, David R. Harris and Joseph P. KeenanCourt of Appeals for the Second Circuit · 1986
- Mildred A. McLearn v. Cowen & Co. And Merrill Lynch Pierce Fenner & Smith, IncorporatedCourt of Appeals for the Second Circuit · 1981
- McLearn v. Cowen & Co.New York Court of Appeals · 1983
44 more not listed; retrieve them via the Exa API.