STEVENS v. KIRK


171 A.D.2d 587 (1991)

Alan G. Stevens, Respondent, v. J.R. Kirk, Jr., et al., Appellants

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

March 26, 1991


At issue on this appeal is whether the dismissal of plaintiff's securities claims for lack of standing by the United States District Court for the Southern District of New York operates as a collateral estoppel with respect to plaintiff's common law claims asserted under State law. In its order granting summary judgment, the District Court found that plaintiff was not a shareholder of defendant Western United Mines, Inc. so as to be able to maintain the Federal action, concluding...

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