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AETNA CAS. & SUR. CO. v. A. STAR ALTERATION SALES, INC.

45 A.D.2d 995 (1974)

Aetna Casualty and Surety Company, Respondent, v. A. Star Alteration Sales, Inc., et al., Defendants, and Gertrude Babcock et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 29, 1974

Order reversed, on the law and the facts, with costs, and case remanded for trial on the issue of ownership of the vehicle at the time of the accident.

Collateral estoppel may not be invoked by parties in a former action against persons who were not parties in that former action. The doctrine of mutuality of estoppel became "inoperative" under B. R. DeWitt, Inc. v. Hall (19 N.Y.2d 141) only insofar as it became available...

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