Taveras v. City of New York

Full title: BIENVENIDO A. TAVERAS, Appellant, v. CITY OF NEW YORK, Respondent, et al.…

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

Date published: Dec 21, 1995

222 A.D.2d 338 (N.Y. App. Div. 1995)

635 N.Y.S.2d 608

Opinion

December 21, 1995

Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).

This Court's determination (3 to 2) in a prior criminal case, that the police officers' search of plaintiff herein was unlawful ( People v Taveras, 155 A.D.2d 131, appeal dismissed 76 N.Y.2d 871) does not collaterally estop defendant in this civil action from contesting the issue ( cf., Ostrover v City of New York, 192 A.D.2d 115). Defendants herein are not in privity with the New York County District Attorney's Office which prosecuted the criminal case, such as would warrant application of the doctrine of collateral estoppel ( Brown v City of New York, 60 N.Y.2d 897).

Concur — Wallach, J.P., Kupferman, Ross, Williams and Tom, JJ.