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NAS Electronics Inc. v. Transtech Electronics PTE Ltd.

Fraud claim, the identical issue raised in a prior litigation, is barred by collateral estoppel.

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Judge Koeltl

NAS ELECTRONICS, INC. v. TRANSTECH ELECTRONICS PTE LTD. — This action was originally brought in New York State Supreme Court, New York County by NAS Electronics, Inc. (“NAS Electronics”), Jerry Choe, and Pil Yon Choe, (collectively “the plaintiffs”) and raised five causes of action, including fraud, breach of contract, tortious interference, slander and a cause of action for a preliminary injunction against Transtech Electronics Pte Ltd. (“Transtech”), NAS-Transtech Technology Ltd. (“NAS-Transtech”), and four individual defendants, Isao Kakimoto, Pauline Chen, Tan Kim Heng and C.C. Tang. Through this lawsuit, the plaintiffs sought to prevent the defendants from enforcing a judgment, entered pursuant to a settlement agreement in a case previously before this Court involving the same parties, against certain real property owned by the plaintiff Jerry Choe in Ulster County, New York. After the New York State Supreme Court declined to prevent the sale of the real property at issue, all the defendants removed the action to this Court. The claims against the individual defendants were dismissed, and discovery was completed. Transtech and NASTranstech (collectively “the defendants”) have now moved for summary judgment on the plaintiffs’ claims of fraud and breach of contract, and have moved to dismiss the remaining claims for tortious interference, slander, and for a preliminary injunction. The plaintiffs have cross moved for various relief and seek the following: partial summary judgment on the breach of contract claim, an additional opportunity to amend the complaint, and additional time to conduct further discovery.

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