Hermann v. Bahrami, 654 N.Y.S.2d 158 (2d Dep’t 1997)

On cross-appeals from order of the Supreme Court, Westchester County, Cowhey, J., denying defendant’s cross motion to dismiss three causes of action, granting plaintiff’s motion to confirm arbitration award against nonparty corporation, dismissing one of plaintiff’s causes of action, and denying plaintiff’s motion to amend complaint to add cause of action to recover attorney fees, the Supreme Court, Appellate Division, held that: (1) plaintiff was not collaterally estopped from bringing action sounding in tort against defendant in his individual capacity, but (2) plaintiff should have been allowed to amend complaint to include cause of action to recover attorney fees. Appeal dismissed in part, and order affirmed as modified.

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