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BALDWIN v. BROOKS

83 A.D.2d 85 (1981)

Lisa Baldwin, an Infant, by Stanley Baldwin, Her Parent and Natural Guardian, et al., Respondents, v. Franklyn A. Brooks et al., Appellants, and Thomas R. Wahl, Inc., Doing Business as Tom Wahl's, Respondent

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

October 30, 1981

Attorney(s) appearing for the Case

Bayer & Smith (Michael Reddy of counsel), for appellants.

Gullace, Stoner, DeLuca & Weld (David V. DeLuca of counsel), for Stanley Baldwin and another, respondents.

Hickey, McHugh & Garlick (William Gandy of counsel), for Thomas R. Wahl, Inc., respondent.

SIMONS, DOERR and SCHNEPP, JJ., concur with HANCOCK, JR., J.; CARDAMONE, J. P., not participating.

HANCOCK, JR., J.

We must resolve a question involving the effect to be given in a personal injury lawsuit of a finding on a medical issue in a prior no-fault insurance arbitration. Specifically, may plaintiffs in the trial of the personal injury action make affirmative use of such finding as binding upon the insured defendants under the doctrine of collateral estoppel or issue preclusion?

An automobile...

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