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UBS SEC. LLC v. HIGHLAND CAPITAL MGT., L.P.

650097/09, 4835, 4834.

154 A.D.3d 631 (2017)

2017 NY Slip Op 07567

63 N.Y.S.3d 53

UBS SECURITIES LLC et al., Respondents-Appellants, v. HIGHLAND CAPITAL MANAGEMENT, L.P., et al., Appellants-Respondents, and HIGHLAND SECURITY OPPORTUNITIES HOLDING COMPANY et al., Appellants.

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

Decided October 31, 2017.

In a prior order in this case, we found that "to the extent the claims against Highland in the new complaint implicate events alleged to have taken place before the filing of the original complaint, res judicata applies. That is because UBS's claims against Highland in the original action and in this action all arise out of the restructured warehousing transaction. While the claim against Highland in the original action was based...

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