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Sound Distrib. Corp. v. Ponce Acquisition

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1992
179 A.D.2d 469 (N.Y. App. Div. 1992)

Opinion

January 16, 1992

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).


Defendant's fifth counterclaim is virtually identical to the anti-trust class action that was the subject of a settlement agreement approved in a judgment of the United States District Court for the Eastern District of New York. Defendant's attempt to allege a different set of facts purportedly occurring subsequent to settlement of the Federal action is unsupported by the pleadings or the record. Under New York's transactional analysis approach to deciding res judicata issues, "once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy". (O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357.) Defendant Ponce's fifth counterclaim is barred by the doctrine of res judicata.

Concur — Wallach, J.P., Kupferman, Ross and Smith, JJ.


Summaries of

Sound Distrib. Corp. v. Ponce Acquisition

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1992
179 A.D.2d 469 (N.Y. App. Div. 1992)
Case details for

Sound Distrib. Corp. v. Ponce Acquisition

Case Details

Full title:SOUND DISTRIBUTING CORPORATION, Respondent, v. PONCE ACQUISITION CORP. et…

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

Date published: Jan 16, 1992

Citations

179 A.D.2d 469 (N.Y. App. Div. 1992)
577 N.Y.S.2d 863

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