Monday, January 30, 2017

The doctrine of collateral estoppel.

The doctrine, which is a narrower species of res judicata, precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or those in privity, whether or not the tribunals or causes of action are the same. Collateral estoppel comes into play when four conditions are fulfilled: (1) the issues in both proceedings are identical; (2) the issue in the prior proceeding was actually litigated and decided; (3) there was a full and fair opportunity to litigate in the prior proceeding; and (4) the issue previously litigated was necessary to support a valid and final judgment on the merits.

Case:  FC Notes SVC, LLC v. United Gen. Tit. Ins. Co., NY Slip Op 00456 (2d Dep't January 25, 2017)

Here is the decision.

Tomorrow's issue:  CPLR 302, 3211, and jurisdiction.