Legal Opinion
Crystal Clear Development, LLC v. Devon Architects of New York, P.C.
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 2012Published
1Opinion of the Court
*717The defendants contend that a determination made in a prior arbitration matter between the plaintiff and a nonparty construction company bars the plaintiff from seeking to recover damages against them for breach of contract and architectural malpractice. We disagree. Under the doctrine of collateral estoppel, a party is precluded “from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or those in privity, whether or not the tribunals or causes of action are the same” (Ryan v New York Tel. Co., 62 NY2d 494,…
2Cases cited20 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Ashland Management Inc. v. JanienNew York Court of Appeals · 1993
- Kenford Co. v. County of ErieNew York Court of Appeals · 1986
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Kenford Co. v. County of ErieNew York Court of Appeals · 1989
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