Legal Opinion

Levitin v. Rosenthal

District Court, E.D. New York

Decided October 24, 1995No. Civ.A. No. CV-89-3936 (DGT)Published

1Opinion of the Court

MEMORANDUM AND ORDER

TRAGER, District Judge.

This case raises what appears to be the novel question of whether one is collaterally estopped from raising an issue which presumably need not have been addressed in an inquest proceeding, but, in this instance, was actually litigated. The question arises in the following context.

Background

The plaintiff, Lazar Levitin, brought this legal malpractice action in 1989 based on the defendants’, Norman and Marshall Rosenthal, representation of Levitin in an action which was brought in 1984 based on events occurring in 1980. Hans Homburger v. Lazar Levitin,…

2Cases cited14 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  3. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  4. Gilberg v. BarbieriNew York Court of Appeals · 1981
  5. Hermine Hanlin v. Marvin M. MitchelsonCourt of Appeals for the Second Circuit · 1986

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