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I. APPEL CORPORATION v. MAHONEY COHEN & COMPANY, CPA, P.C.

6 A.D.3d 279 (2004)

774 N.Y.S.2d 701

I. APPEL CORPORATION et al., Appellants, v. MAHONEY COHEN & COMPANY, CPA, P.C., et al., Respondents.

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

April 20, 2004.

The motion court realistically applied the flexible doctrine of issue preclusion (see Jeffreys v Griffin, 1 N.Y.3d 34, 40 [2003]; Buechel v Bain, 97 N.Y.2d 295, 303-304 [2001], cert denied 535 U.S. 1096 [2002]) in barring all of plaintiffs' claims, based on the arbitrators' finding that plaintiff Feinberg could not have reasonably relied on the financial statements and other financial...

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