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SEIDMAN v. GREENBLATT

17 A.D.3d 209 (2005)

794 N.Y.S.2d 13

BDO SEIDMAN, LLP, Appellant, v. JOEL GREENBLATT et al., Defendants, and SPEAR LEEDS & KELLOGG et al., Respondents.

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

April 19, 2005.

The arbitration award apportioning fault between plaintiff and the fraud victims included the brokerage houses' share of responsibility as the victims' agents, and thus bars plaintiff's contribution claim against said defendants-respondents. Plaintiff is precluded from ascribing liability to them under a different theory from that claimed in arbitration (see Elliott Assoc., L.P. v Hayes, 14 A.D.3d 435 [2005]).

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