JACOBS v. DEL GUERCIO


67 Misc.2d 606 (1971)

Ruth Jacobs et al., Plaintiffs, v. Margaret Del Guercio et al., Defendants.

Supreme Court, New York County.

September 17, 1971


Attorney(s) appearing for the Case

Bower, O'Connor & Gardner for Margaret Del Guercio and others, defendants. Gair, Gair & Conason for plaintiffs. Goldman & Goldman for American Associates Car Rental, Inc., and another, defendants.


HARRY B. FRANK, J.

These conflicting motions for summary judgment, each of which relies upon and seeks to invoke the doctrine of collateral estoppel, afford an excellent factual example of the oft-quoted but apparently misunderstood principle that mutuality of estoppel is a dead letter in this State.

The instant action arises out of an automobile accident that occurred on March 30, 1967 in New Jersey...

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