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WATERSCAPE RESORT LLC v. PAVARINI McGOVERN, LLC

651360/15-8180. 8179. 8178.

168 A.D.3d 561 (2019)

90 N.Y.S.3d 886

2019 NY Slip Op 00400

Waterscape Resort LLC, Respondent, v. Pavarini McGovern, LLC, Appellant. Waterscape Resort LLC, Appellant-Respondent, v. Pavarini McGovern, LLC, Respondent-Appellant.

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

Decided January 22, 2019.

Because plaintiff's contract claim was not ripe when plaintiff moved in the federal adversarial proceeding for leave to assert a counterclaim, the claim is not a compulsory counterclaim pursuant to Federal Rules of Civil Procedure rule 13 (a) (1). Thus, it is not barred in this subsequent action under the doctrine of res judicata (cf. Paramount Pictures Corp. v Allianz Risk Transfer AG, 141 A.D.3d 464

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