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GILBERG v. BARBIERI

74 A.D.2d 913 (1980)

David C. Gilberg, Respondent, v. Joseph P. Barbieri, Appellant

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

March 31, 1980

Order affirmed, with $50 costs and disbursements.

Plaintiff's motion for summary judgment is based upon the doctrine of collateral estoppel. It is well established that to invoke collateral estoppel, "`There must be [1] an identity of issue which has necessarily been decided in the prior action and is decisive of the present action, and [2] a full and fair opportunity to contest the decision now said to be controlling'" (S. T. Grand, Inc. v City of New York

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