MILLENNIUM IMPORT, LLC v. REED SMITH LLP

3301, 603350/07, 59100/07.

78 A.D.3d 404 (2010)

909 N.Y.S.2d 629

MILLENNIUM IMPORT, LLC, Respondent, v. REED SMITH LLP et al., Appellants.

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

Decided November 4, 2010.


The motion court properly denied defendants' motion. The issue that was necessarily determined in the Moet arbitration— that Moet failed to give timely notice to Phillips Beverage Co. under the indemnification provisions of the parties' purchase agreement—had no preclusive effect with respect to the malpractice claim. We therefore need not address defendants' remaining...

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