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W. L. DEV. CORP. v. THALGOTT

54 A.D.2d 901 (1976)

W. L. Development Corp., Respondent, v. Martin Thalgott et al., Defendants, and John Tardino et al., Appellants; Suffolk County Department of Environmental Control, Respondent

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

November 1, 1976

Order affirmed insofar as appealed from, with one bill of $50 costs and disbursements jointly to respondents.

The doctrine of collateral estoppel operates where there is an identity of issues which were actually decided on the merits in a prior action and where the parties, or ones in privity with them, had a full and fair opportunity to contest the issues (Vincent v Thompson, 50 A.D.2d 211). The judgment in the prior action...

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