Linette v. Hanover Insurance

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered August 19, 2005, denying plaintiffs motion for summary judgment and granting defendant’s cross motion for summary judgment, unanimously affirmed, without costs.

Plaintiff sought a declaratory judgment in relation to a New Jersey insurance policy providing automobile coverage during her residency in New Jersey. She claims that under New Jersey law, defendant was collaterally estopped from relitigating issues already decided in an underlying personal injury action, where defendant had notice of both the litigation and the…