Legal Opinion · Dissent
Zayatz v. Collins
Appellate Division of the Supreme Court of the State of New York
Decided February 8, 2008No. Appeal No. 1Published
1Dissent
Gorski and Pine, JJ. (dissenting).
We respectfully dissent and *1291would affirm because, in our view, Supreme Court properly granted the motion of defendants William B. Collins, Esq. and Collins, Collins & Maxwell, L.L.P. (collectively, attorney defendants) for summary judgment dismissing the complaint against them. We cannot agree with the majority that the doctrine of collateral estoppel does not apply to bar plaintiff s action against the attorney defendants. The issue whether plaintiff was entitled to a portion of the up-front cash payment was “actually litigated, squarely addressed and…
2Cases cited4 opinions
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Halyalkar v. Board of RegentsNew York Court of Appeals · 1988
- Ross v. Medical Liability Mutual InsuranceNew York Court of Appeals · 1990
- Melnitzky v. HSBC Bank USAAppellate Division of the Supreme Court of the State of New York · 2006