Legal Opinion
Evans v. L.F. Rothschild, Unterberg, Towbin, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1987PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Sandler, J. P.
In an action arising out of a trading authorization agreement in which plaintiff conferred discretionary authority on defendants to buy, sell, and trade in securities on her behalf, the plaintiff seeks to recover damages for losses allegedly sustained as a result of defendants’ breach of their fiduciary duties, violation of their contractual responsibilities, and negligence.
Defendants moved for an order pursuant to CPLR 3211 (a) (5) dismissing the action on the grounds that it was barred by the principle of res judicata because a Federal action involving the…
2Cases cited2 opinions
- McLearn v. Cowen & Co.New York Court of Appeals · 1983
- McLearn v. Cowen & Co.New York Court of Appeals · 1979
3Cited by5 opinions
- Browning Avenue Realty Corp. v. RubinAppellate Division of the Supreme Court of the State of New York · 1994
- Lamontagne v. Board of Trustees of the United Wire, Metal & Machine Pension FundAppellate Division of the Supreme Court of the State of New York · 1992
- Travelers Indemnity Co. v. SarkisianAppellate Division of the Supreme Court of the State of New York · 1988
- Creative Bath Products, Inc. v. Connecticut General Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- Urlic v. Insurance Co. of PennsylvaniaAppellate Division of the Supreme Court of the State of New York · 1999