ADVANCED AEROFOIL TECH. AG v. MISSIONPOINT CAPITAL PARTNERS LLC

1625, 650109/14.

140 A.D.3d 663 (2016)

33 N.Y.S.3d 723

2016 NY Slip Op 05231

ADVANCED AEROFOIL TECHNOLOGIES AG, Appellant, v. MISSIONPOINT CAPITAL PARTNERS LLC, Respondent.

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

Decided June 30, 2016.


The motion court correctly determined that the doctrine of collateral estoppel bars plaintiff from litigating two factual issues that were determined in a prior arbitration proceeding commenced by plaintiff, namely, whether any of plaintiff's confidential information was misappropriated and whether nonparty Flowcastings was its direct competitor (see Kaufman v Eli Lilly & Co., 65 N.Y.2d 449, 455 [1985]). That the instant action...

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