LAMPERT v. AMBASSADOR FACTORS CORPORATION


266 A.D.2d 124 (1999)

698 N.Y.S.2d 234

GERTRUDE K. LAMPERT, as Executrix of LAURENCE L. LAMPERT, Deceased, et al., Appellants, v. AMBASSADOR FACTORS CORPORATION, Doing Business as AMBASSADOR FACTORS, a Division of FINOVA CAPITAL CORPORATION, et al., Defendants, and MAHONEY COHEN RASHBA & POKART, P. C., Formerly Known as MAHONEY COHEN & COMPANY, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 23, 1999.


We agree with the IAS Court that this Court's dismissal, pursuant to CPLR 3211 (a) (7) and 3016 (b), of plaintiffs' decedent's prior action for fraud and accounting malpractice against the moving defendants (Lampert v Mahoney, Cohen & Co., 218 A.D.2d 580) constitutes res judicata barring the instant action. The two actions are based on the same transactions, and the dismissal of the prior action, to the extent based on the absence...

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