MATTER OF FID. BROKERAGE SERVS., INC. v. EPSTEIN


239 A.D.2d 342 (1997)

657 N.Y.S.2d 984

In the Matter of Fidelity Brokerage Services, Inc., et al., Respondents, v. Marvin Epstein et al., Appellants

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

May 5, 1997


Ordered that the order is affirmed, with costs.

Prior to bringing the arbitration claim which is the subject of this proceeding, the appellants brought an unsuccessful arbitration claim based on the same securities transaction and seeking the same relief against the petitioner Fidelity Brokerage Services, Inc. The Supreme Court properly concluded that the doctrine of res judicata precluded the appellants from bringing a second arbitration based on the same transaction...

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