CITY OF NEW YORK v. DUNCAN


191 A.D.2d 340 (1993)

595 N.Y.S.2d 761

City of New York, Appellant, v. Kevin J. Duncan et al., Respondents

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

March 23, 1993


Defendant was found guilty of selling flowers without a license and fined $250 by the Environmental Control Board. A summons for forfeiture of the van, which the defendant had been driving, was issued, and the City moved for summary judgment on the ground of the collateral estoppel effect of the Environmental Control Board decision. Invocation of the doctrine of collateral estoppel raises questions as to whether the party against whom it is invoked had a full and fair opportunity...

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