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STATE OF N. Y. EX REL. WILLCOX v. CREDIT SUISSE SEC. (USA) LLC

Index No. 100356/16. Appeal No. 16758. Case No. 2021-03942.

210 A.D.3d 609 (2022)

180 N.Y.S.3d 69

2022 NY Slip Op 06774

State of New York, for the City of New York, ex rel. Thomas C. Willcox, Appellant, v. Credit Suisse Securities (USA) LLC, as Successor-in-Interest to Donaldson Lufkin & Jenrette Securities Corporation, et al., Respondents.

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

Decided November 29, 2022.

Attorney(s) appearing for the Case

Thomas C. Willcox, New York, for appellant.

Shearman & Sterling LLP, New York (Grace J. Lee of counsel), for respondents.

Concur—Acosta, P.J., Kern, Singh, Scarpulla, Pitt, JJ.

Order, Supreme Court, New York County (James Edward D'Auguste, J.), entered on or about June 22, 2021, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the first amended complaint and denied plaintiff relator's motion for leave to file a second amended complaint, unanimously affirmed, with costs.

The court correctly concluded that the complaint was barred by res judicata, as plaintiff relator's claims that defendant...

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