Legal Opinion
Car Park Systems of New York Inc. v. Ull
Appellate Division of the Supreme Court of the State of New York
Decided October 5, 2017No. 650777/15 -4605 4604 4603PublishedCited by 3 opinions
1Opinion of the Court
Judgments, Supreme Court, New York County (Eileen A. Rakower, J.), entered August 19 and 29, 2016, dismissing the complaint, unanimously affirmed, without costs.
The motion court correctly found that the order dismissing a prior complaint barred the instant complaint on the ground of res judicata, because the determination in the first action that plaintiffs could not demonstrate reasonable reliance to support their fraud claim was a determination on the merits (see Coutsodontis v Peters, 39 AD3d 274, 275 [1st Dept 2007]). In addition, we find that dismissal of the conversion claim as…
2Cases cited4 opinions
- Marinelli Associates v. Helmsley-Noyes Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Powers Mercantile Corp. v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1985
- Powers Mercantile Corp. v. FeinbergNew York Court of Appeals · 1986
- Coutsodontis v. PetersAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
- Lyman v. J.P. Morgan Chase & Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Lyman v. J.P. Morgan Chase & Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Rachunow v. JamiesonDistrict Court, S.D. New York · 2021