Brennan v. State

As this case was being reached for trial, the defendant moved for an order granting summary judgment in its favor because “ the Doctrine of Collateral Estoppel applies”. In opposition, the claimant maintains that this legal principle cannot be used effectively as a sword against her right to a trial of the issues herein.

The movant’s posture is predicated on a judgment of the Supreme Court of the State of New York, County of New York, in the consolidated action wherein this claimant and another were plaintiffs and Gull Contracting Co., Inc., Tully & DiNapoli, Inc. and the City of New York were…