GILBERG v. BARBIERI


53 N.Y.2d 285 (1981)

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

Court of Appeals of the State of New York.

Decided June 16, 1981.


Attorney(s) appearing for the Case

Joseph F. Longo, Joseph G. Goubeaud, Jr., and Mary Ellen Manley for appellant.

David C. Gilberg, respondent pro se.

Judges GABRIELLI, JONES and FUCHSBERG concur with Judge WACHTLER; Judge MEYER dissents and votes to affirm in separate opinion in which Chief Judge COOKE and Judge JASEN concur.


WACHTLER, J.

The question on this appeal is whether a conviction for the petty offense of harassment can later be used to preclude the defendant from disputing the merits of a civil suit for assault, involving the same incident and seeking a quarter of a million dollars in damages. The Trial Court held that collateral estoppel precluded the defendant from contesting the merits of the civil complaint and that...

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