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TAYLOR v. PESCATORE

102 A.D.2d 867 (1984)

Kenneth Taylor et al., Appellants, v. Albert Pescatore et al., Doing Business as Apec Television, Inc., et al., Respondents

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

June 18, 1984

¶ Order affirmed, with costs.

¶ An assessment of damages against a defaulting defendant may not be used to collaterally estop a nondefaulting codefendant. The mere fact that the codefendant had notice of the inquest does not constitute a full and fair opportunity to litigate the issue of damages (Gallivan v Pucello, 38 A.D.2d 876; Schwartz v Public Administrator of County of Bronx, 24 N.Y...

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