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ORTHOTEC, LLC v. HEALTHPOINT CAPITAL, LLC

5224, 601377/08.

84 A.D.3d 702 (2011)

924 N.Y.S.2d 78

ORTHOTEC, LLC, Appellant, v. HEALTHPOINT CAPITAL, LLC, et al., Respondents, et al., Defendant.

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

Decided May 31, 2011.

The instant action is not barred by collateral estoppel. "[T]he prior denial of a motion in the underlying case to set aside a default and default judgment has no collateral estoppel effect to bar an independent action in equity directly attacking the prior judgment" (Groves v Peterson, 100 Cal.App.4th 659, 661, 123 Cal.Rptr.2d 164, 165 [2002] [emphasis omitted]).

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