Legal Opinion
Hilowitz v. Hilowitz
New York Supreme Court
Decided October 2, 1980PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold Hyman, J.
This is a motion by the plaintiff, pursuant to CPLR 3211 (subd [b]), to dismiss the fourth affirmative defense of collateral estoppel interposed in defendant’s answer.
The issue raised by this motion, one of first impression, is whether a (primary) arbitrator’s award and opinion in a no-fault arbitration proceeding can constitute a basis for collateral estoppel in a subsequent action arising out of the same occurrence absent any judgment or order by a court confirming that (primary) arbitration award and opinion.
On January 8,1977, plaintiff sustained…
2Cases cited4 opinions
- Rembrandt Industries, Inc. v. Hodges International, Inc.New York Court of Appeals · 1976
- Peterson v. ForkeyAppellate Division of the Supreme Court of the State of New York · 1975
- Kilduff v. Donna Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Government Employees Insurance v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by5 opinions
- Monmouth Public Schools v. PullenAppellate Court of Illinois · 1985
- Baldwin v. BrooksAppellate Division of the Supreme Court of the State of New York · 1981
- Custen v. General Accident Fire & Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
- Vazquez v. Aetna Casualty & Surety Co.Civil Court of the City of New York · 1982
- Monmouth Public Schools v. PullenAppellate Court of Illinois · 1985