VAVOLIZZA v. KRIEGER


33 N.Y.2d 351 (1974)

Salvatore Vavolizza, Appellant, v. Theodore Krieger, Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1974.


Attorney(s) appearing for the Case

Salvatore Vavolizza, appellant in person.

Norman Bard and Joel H. Lichtenstein for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER and RABIN concur; Judge STEVENS taking no part.


GABRIELLI, J.

The question presented is whether the denial of a party's motion to vacate a guilty plea in a criminal action can act as collateral estoppel in a later action brought by the party against his attorney for malpractice based on the attorney's advice to plead guilty in the criminal action. On the peculiar facts as we find them in this case we hold that the prior criminal adjudication does indeed block...

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