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VELERON HOLDING, B.V. v. STANLEY

4313. 652944/14.

151 A.D.3d 597 (2017)

2017 NY Slip Op 05046

58 N.Y.S.3d 27

VELERON HOLDING, B.V., Individually and as Assignee of OJSC Russian Machines, Appellant, v. MORGAN STANLEY et al., Respondents.

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

Decided June 20, 2017.

The transactions upon which plaintiff's claim of fraud are premised were the subject of prior claims adjudicated in federal court, and thus this action is barred by the doctrine of res judicata (see O'Brien v City of Syracuse, 54 N.Y.2d 353, 357-358 [1981]; Elias v Rothschild, 29 A.D.3d 448 [1st Dept 2006]). Indeed, defendants sought removal of this action to join the federal claim, an action...

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