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STUDLEY v. MALKIN

276 A.D.2d 350 (2000)

719 N.Y.S.2d 218

JULIEN J. STUDLEY, Appellant, v. PETER MALKIN et al., Respondents.

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

Decided October 17, 2000.

The third through sixth causes of action, which assert claims against persons other than the named agent of the venture in which plaintiff participated, were rejected for lack of merit in a prior action (Studley v Empire State Bldg. Assocs., 249 A.D.2d 7, lv denied 92 N.Y.2d 809), and are therefore barred by res judicata. The first and second causes of action, which claim fraud and breach of fiduciary duty by such named agent...

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