City of New York v. Duncan

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered March 5, 1992, which, inter alia, denied plaintiffs motion for summary judgment, unanimously affirmed, without costs.

Defendant was found guilty of selling flowers without a license and fined $250 by the Environmental Control Board. A summons for forfeiture of the van, which the defendant had been driving, was issued, and the City moved for summary judgment on the ground of the collateral estoppel effect of the Environmental Control Board decision. Invocation of the doctrine of collateral estoppel raises questions as to…