P.W.B. Enterprises, Inc. v. Moklam Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Angela Mazzarelli, J.), entered on or about August 12, 1994, which, insofar as appealed from, granted plaintiff tenant’s motion for partial summary judgment on the issue of liability as to its second and fourth causes of action against defendant-appellant landlord for trespass and negligence, unanimously affirmed, with costs.
A party, or one in privity with a party, is collaterally estopped from relitigating an issue identical to one that was necessarily decided against it in a prior action provided there was a full and fair opportunity to contest the…
2Cases cited4 opinions
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
- Minjak Co. v. RandolphAppellate Division of the Supreme Court of the State of New York · 1988
- Long Island Airports Limousine Service Corp. v. Northwest AirlinesAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
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- P.W.B. Enterprises, Inc. v. Moklam Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- H.K.D. Seafood Inc. v. 25 North Moore Associates, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2000
- Marie France Realty Corp. v. 325 E. 14th St. Corp.Appellate Terms of the Supreme Court of New York · 2020
- Sena v. Town of GreenfieldAppellate Division of the Supreme Court of the State of New York · 1997