AUGUSTINE v. INTERLAKEN


68 A.D.2d 705 (1979)

Vincent J. Augustine et al., Appellants, v. Village of Interlaken et al., Respondents

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

July 6, 1979


Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Louis D'Amanda of counsel), for appellants.

Hickey, McHugh & Garlick (Robert J. Burke of counsel), for respondents.

DILLON, P. J., SIMONS, CALLAHAN and MOULE, JJ., concur.


CARDAMONE, J.

The sole issue presented on this appeal is whether a defendant's judgment of conviction following a trial for a traffic infraction may be used by plaintiffs in an ensuing negligence action as the basis for pleading the affirmative defense of collateral estoppel. The question is whether this defendant and two codefendant owners should now be barred from alleging that the defendant driver was free...

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