SOUND DISTRIB. CORP. v. PONCE ACQUISITION CORP.


179 A.D.2d 469 (1992)

Sound Distributing Corporation, Respondent, v. Ponce Acquisition Corp. et al., Appellants, et al., Defendant

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

January 16, 1992


Defendant's fifth counterclaim is virtually identical to the anti-trust class action that was the subject of a settlement agreement approved in a judgment of the United States District Court for the Eastern District of New York. Defendant's attempt to allege a different set of facts purportedly occurring subsequent to settlement of the Federal action is unsupported by the pleadings or the record. Under New York's transactional analysis approach to deciding res judicata issues...

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