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UBS SECURITIES LLC v. HIGHLAND CAPITAL MANAGEMENT, L.P.

7080, 650097/09.

93 A.D.3d 489 (2012)

940 N.Y.S.2d 74

2012 NY Slip Op 1777

UBS SECURITIES LLC et al., Respondents, v. HIGHLAND CAPITAL MANAGEMENT, L.P., et al., Defendants, and HIGHLAND FINANCIAL PARTNERS, L.P., et al., Appellants.

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

Decided March 13, 2012.

This Court's reversal of an order denying dismissal of the complaint in a related action (UBS Sec. LLC v Highland Capital Mgt., L.P., 86 A.D.3d 469 [2011]), warrants dismissal of a portion of plaintiff's claims in this action due to res judicata since defendants are in privity with the defendant in the other action (see Simmons v New York City Health & Hosps. Corp., 71 A.D.3d 410, 411...

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