MAYERS v. D'AGOSTINO


58 N.Y.2d 696 (1982)

William Mayers, Respondent, v. Nicholas D'Agostino et al., Appellants.

Court of Appeals of the State of New York.

Decided December 2, 1982.


Attorney(s) appearing for the Case

William F. Larkin and Benjamin Purvin for appellants.

Morgan Kennedy and Morris J. Eisen for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

CPLR 3211 (subd [e]) provides, inter alia, that a defense based upon the doctrine of collateral estoppel is waived unless raised either in a responsive pleading or in a motion made before service of the responsive pleading is required.

Defendants raised the defense of collateral estoppel for the first time during the trial...

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