Friedman v. Deckoff, Krishnasastry & Doscher, M.D.

—In an action to recover damages, inter alia, for breach of contract, the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated January 11, 1995, which denied their motion to dismiss the complaint on the ground of collateral estoppel.

Ordered that the order is affirmed, with costs.

It is well settled that the "party invoking the doctrine of collateral estoppel must show that the critical issues in the instant action [were] necessarily decided in the prior action and that the party against whom estoppel is sought has been afforded a full and fair opportunity to…