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

650097/09 4835 4834.

159 A.D.3d 512 (2018)

72 N.Y.S.3d 72

2018 NY Slip Op 01652

UBS SECURITIES LLC et al., Respondents-Appellants, v. HIGHLAND CAPITAL MANAGEMENT, L.P., et al., Appellants-Respondents, et al., Appellants.

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

Decided March 15, 2018.

In a prior order in this case, we dismissed, on res judicata grounds, the fraudulent conveyance and breach of implied covenant causes of action, as against one defendant, solely to the extent that they relied on conduct pre-dating the February 24, 2009 commencement of the prior action (86 A.D.3d 469, 469 [1st Dept 2011]). However, we also held that "to the extent that [those] causes of action ... rely on conduct alleged to have occurred...

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