BRIARPATCH LIMITED, L.P. v. FRANKFURT GARBUS KLEIN & SELZ, P.C.


13 A.D.3d 296 (2004)

787 N.Y.S.2d 267

BRIARPATCH LIMITED, L.P., et al., Appellants, v. FRANKFURT GARBUS KLEIN & SELZ, P.C., et al., Respondents.

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

December 28, 2004.


To the extent that plaintiffs' claims rely on the assertion that defendant counsel improperly withheld documents prior to February 14, 2000, they are barred by collateral estoppel, in light of the denial of plaintiffs' motion in a separate action to hold these defendants in contempt for this same wrong. The allegedly wrongful withholding of documents and information relating to the sale of certain rights to Constantin Film was specifically argued during the contempt hearing...

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