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NEW CANAAN CAPITAL MGT., LLC v. CHADBOURNE & PARKE LLP

Index No. 650031/19. Appeal No. 13752. Case No. 2020-02004.

194 A.D.3d 424 (2021)

143 N.Y.S.3d 211

2021 NY Slip Op 02758

New Canaan Capital Management, LLC, Appellant, v. Chadbourne & Parke LLP et al., Respondents.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

GordonLaw LLP, Katonah ( Michael R. Gordon of counsel), for appellant.

Norton Rose Fulbright US LLP, New York ( Robert A. Schwinger of counsel), for Chadbourne & Parke LLP, Norton Rose Fulbright US LLP, Scott Naidech and A. Robert Colby, respondents.

Foster Garvey P.C., New York ( Alan A. Heller of counsel), for Erie Power LLC, GP Genco LLC, Ozado Partners LLC, Ozado Power LLC, and Southport Energy Asset Management LLC, respondents.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.

The complaint is barred as against the attorney defendants by the doctrine of collateral estoppel. The issue of whether plaintiff pleaded a fraud or a legal malpractice claim was necessarily decided in the 2018 action, where plaintiff had a full and fair opportunity to contest it (see Parker Madison Partners v Airbnb, Inc., 184 A.D.3d 544 [1st Dept 2020]). The pleading deficiencies found in the earlier complaint were not...

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