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WEINER v. GREYHOUND BUS

55 A.D.2d 189 (1976)

Alan V. Weiner, an Infant, by Audrey Weiner, His Guardian ad Litem, Respondent, v. Greyhound Bus Lines, Inc. et al., Appellants, et al., Defendant

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

December 27, 1976

Attorney(s) appearing for the Case

Reilly & Reilly for Barbara Weiner, appellant, and Schwartz, Levitt, Sommer & Blitz for Greyhound Bus Lines Inc., appellant (Arthur N. Seiff, John G. Reilly and Samuel Levitt of counsel; one brief).

Spatt & Bauman, P. C. (Bert Bauman of counsel), for respondent.

GULOTTA, P. J., LATHAM, SHAPIRO and HAWKINS, JJ., concur.

HOPKINS, J.

The action is brought to recover for personal injuries arising out of the claimed negligence of the defendants. The issue before us is whether the action is barred by the doctrine of collateral estoppel. Special Term held that it was not barred. We affirm. The prior action in which the defendants were successful in resisting recovery did not conclude the infant plaintiff in this action, for he was...

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