Mike Williams Transfer, Inc. v. Byrne

Full title: MIKE WILLIAMS TRANSFER, INC., Appellant, v. JIMMY BYRNE et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 1996

226 A.D.2d 438 (N.Y. App. Div. 1996)

640 N.Y.S.2d 795

Opinion

April 8, 1996

Appeal from the Supreme Court, Nassau County (McCarty, J.).

Ordered that the order is affirmed, with costs.

The plaintiff is collaterally estopped from relitigating the issue of whether there was an agreement between the plaintiff and the movants. The plaintiff had a full and fair opportunity to contest this issue in its prior Federal court action. In addition, this issue necessarily was decided against the plaintiff in that prior action, and is decisive of the present action ( see, Kaufman v. Lilly Co., 65 N.Y.2d 449; Gramatan Home Investors Corp. v. Lopez, 46 N.Y.2d 481). Balletta, J.P., Ritter, Pizzuto and Altman, JJ., concur.