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MARK LEVIN v. KOZLOWSKI

45 A.D.3d 387 (2007)

846 N.Y.S.2d 37

ROBERT MARK LEVIN et al., Appellants, v. L. DENNIS KOZLOWSKI et al., Respondents.

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

Decided November 15, 2007.

In this shareholder derivative action against nominal defendant Tyco International Ltd. and various Tyco officers and directors, plaintiffs are collaterally estopped from arguing whether Bermuda law governs their claims, which are the same as those brought in another shareholder derivative lawsuit in federal court, viz., In re Tyco Intl., Ltd. (340 F.Supp.2d 94 [D NH 2004]). The issue...

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