BDO SEIDMAN LLP v. Spear Leeds & Kellogg, et al., Defendants-Respondents. (2005)

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

BDO SEIDMAN, LLP, Plaintiff-Appellant, v. Joel GREENBLATT, et al., Defendants, Spear Leeds & Kellogg, et al., Defendants-Respondents.

Decided: April 19, 2005

BUCKLEY, P.J., MAZZARELLI, ANDRIAS, SAXE, FRIEDMAN, JJ.

Greenberg Traurig LLP, New York (Adam D. Cole of counsel), for appellant. Dickstein Shapiro Morin & Oshinsky LLP, New York (Kenneth H. Frenchman of counsel), for respondents.

Order and judgment (one paper), Supreme Court, New York County (Ira Gammerman, J.), entered January 22, 2004, dismissing the complaint, unanimously affirmed, with one bill of costs.

The arbitration award apportioning fault between plaintiff and the fraud victims included the brokerage houses' share of responsibility as the victims' agents, and thus bars plaintiff's contribution claim against said defendants-respondents. Plaintiff is precluded from ascribing liability to them under a different theory from that claimed in arbitration (see Elliott Assoc. v. Hayes, 14 A.D.3d 435, 787 N.Y.S.2d 872 [2005] ).

We have considered plaintiff's other contentions and find them unavailing.

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