CONTE v. JUSTICE

No. 1001, Docket 92-9009.

996 F.2d 1398 (1993)

Kenneth J. CONTE and Laura Conte, Plaintiffs-Appellants, v. Karen L. JUSTICE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 23, 1993.


Attorney(s) appearing for the Case

Alvin M. Feder, New York City (Feder, Kaszovitz, Isaacson, Weber & Skala, of counsel), for plaintiffs-appellants.

Jonathan Uejio, New York City (Conway, Farrell, Curtin & Kelly, P.C., of counsel), for defendant-appellee.

Before: LUMBARD, McLAUGHLIN, Circuit Judges, and DUFFY, District Judge.


KEVIN THOMAS DUFFY, District Judge:

Plaintiffs, Kenneth and Laura Conte, appeal from an order of the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, granting summary judgment and dismissing the complaint. The district court held that collateral estoppel barred the action because a prior state court action provided both plaintiffs with a full and fair opportunity to litigate the issue of liability.

I. BACKGROUND...

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