CVR Energy, Inc. v. Wachtell Lipton Rosen & Katz et al, No. 1:2014cv06566 - Document 96 (S.D.N.Y. 2016)

Court Description: OPINION AND ORDER re: 82 MOTION to Dismiss Amended Complaint on res judicata grounds filed by Wachtell Lipton Rosen & Katz, Andrew R. Brownstein, Benjamin M. Roth. For the reasons set forth above, the Court finds that Defendant s have established all three elements of a res judicata defense, and that, therefore, this action is precluded by Justice Sherwood's February 24 Order in the State Action. Accordingly, IT IS HEREBY ORDERED THAT the Amended Complaint is di smissed on res judicata grounds. The Clerk of the Court is respectfully directed to terminate the motion pending at docket entry 82 and to close this case. (As further set forth in this Opinion and Order.) (Signed by Judge Richard J. Sullivan on 3/29/2016) (mro)