Order unanimously reversed, with costs, plaintiff's motion for summary judgment on the issue of liability granted, and matter remitted to Supreme Court, Erie County, for an inquest on damages.
Memorandum:
Special Term erred by refusing to give collateral estoppel effect to defendant's prior judgment of conviction for assault in the third degree. A criminal conviction may be given collateral estoppel effect in a subsequent civil litigation if there is an identity...
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