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D. PENGUIN BROTHERS LTD. v. CITY NATIONAL BANK

7849. 158949/14.

167 A.D.3d 467 (2018)

89 N.Y.S.3d 158

2018 NY Slip Op 08443

D. Penguin Brothers Ltd. et al., Appellants-Respondents, v. City National Bank et al., Defendant, and NBUF Development Ltd. et al., Respondents-Appellants.

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

Decided December 11, 2018.

The claims against the Williams defendants are not barred by the doctrine of res judicata, because the Williams defendants' alleged liability is in no way derivative of or affected by the liability of defendant National Black United Fund, Inc. in the prior action, and there is no other indicator of privity between the Williams defendants and National Black United Fund (see Israel v Wood Dolson Co., 1 N.Y.2d 116, 119-120 [1956])....

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