· 8/25/2009
Board of Managers of the 195 Hudson Street Condominium v. Jeffrey M. Brown Associates, Inc.
Citations
- 652 F. Supp. 2d 463
- 2009 U.S. Dist. LEXIS 75603
- 2009 WL 2610729
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a court “may properly rely on matters of public record in deciding a motion to dismiss under Rule 12(b)(6), including the public record of pri- or judicial decisions.”
- It is “well settled that a court may dismiss a claim on res judicata or collateral estoppel grounds on a Rule 12(b)(6) motion.”
- “To determine the res judicata effect of a prior claim requires examination of what was intended by the first decision and what the logical consequences of that decision are.” (internal quotation marks and citations omitted)
- Defendant demonstrated that JMB's status as K & J's alter ego was addressed in the prior proceeding, was necessary to the judgment in the prior action, is identical to the current issue, and is decisive of the present suit
Source: CourtListener parenthetical corpus (CC0).
Judges: Leisure
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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