The procedural history set forth in plaintiffs’ moving papers is accurate for present purposes. We note, however, that although plaintiffs shut down their website shortly after the July 8, 1999 settlement of the first action, they brought it back up within a few months and it has been in operation continuously ever since.
               We note also that plaintiffs have sued their attorney in the first action for legal malpractice (see www . med-malpractice.com/mooreintro.htm)
               Finally, we must note that plaintiffs did not move for leave to appeal from the Appellate Division’s order in the first action.

               In their moving papers, plaintiffs barely mention the issues of res iudicata and collateral estoppel. As to res iudicata, after the settlement in the first action, plaintiffs had time to, and did, move to vacate the settlement. Thus, plaintiffs at that time had the opportunity to raise every ground for vacatur of the settlement in whole or in part and this action challenging
Click for Previous Page
Click for Next Page (3/4)
Click for New York State Appeal, "Contracts for Silence"