RAND v. TEXACO, INC.


305 A.D.2d 285 (2003)

758 N.Y.S.2d 809

WILLIAM C. RAND, Appellant, v. TEXACO, INC., Respondent.

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

Decided May 22, 2003.


Plaintiff's prior federal claim, in which he sought attorney's fees for himself as a result of a successful underlying federal action, was dismissed on the ground of untimeliness and on the merits, which dismissal was affirmed by the Second Circuit on both grounds (In re Texaco Inc. Shareholder Derivative Litig., 28 Fed Appx 83 [2002]). Plaintiff's present claim for attorney's fees is essentially the same claim, arising from the same facts and transactions, and is...

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