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AKABAS & COHEN v. FOX ROTHSCHILD LLP

600861/10, 5930, 5931

89 A.D.3d 460 (2011)

931 N.Y.S.2d 874

2011 NY Slip Op 7726

AKABAS & COHEN, Appellant, v. FOX ROTHSCHILD LLP, Respondent.

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

Decided November 3, 2011.

The claims are barred by the doctrine of res judicata (see generally Matter of Hunter, 4 N.Y.3d 260, 269 [2005]). It is true that the prior action (Cohen v Akabas & Cohen, 71 A.D.3d 419 [2010]; 79 A.D.3d 460 [2010]) was between plaintiff and nonparty Richard Cohen, not between plaintiff and defendant. However, Cohen, who was a partner at defendant...

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