BERKOWITZ v. MOLOD


261 A.D.2d 128 (1999)

689 N.Y.S.2d 466

SEYMOUR BERKOWITZ et al., Respondents, v. FREDERICK M. MOLOD et al., Appellants. SEYMOUR BERKOWITZ et al., Appellants, v. FREDERICK M. MOLOD et al., Respondents.

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

Decided May 4, 1999.


The dissolution proceeding advanced by defendants as the predicate for their various preclusion claims, was based on allegations that dissension between former partners of the dissolved firm had caused the firm to stop functioning efficiently. The litigation of those allegations did not involve the litigation of the issues pertinent to the presently alleged claims of breach of fiduciary duty, fraud and conversion and, accordingly, was properly found by the motion court to...

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