Order unanimously affirmed with costs.
Memorandum:
Supreme Court correctly determined that defendant is collaterally estopped from relitigating the wrongfulness of his own conduct; nevertheless, he is not precluded from litigating the issue of plaintiff's comparative fault. Although plaintiff's conduct was at issue in the criminal proceeding, the issue there was whether plaintiff's conduct justified defendant's conduct. That issue is not the same as the issue...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.