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SAHN v. AFCO INDUS.

192 A.D.2d 480 (1993)

597 N.Y.S.2d 294

Robert I. Sahn, Respondent, v. AFCO Industries et al., Appellants

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

April 29, 1993

The doctrine of collateral estoppel is inapplicable in this instance since the prior Federal action did not decide the issue which is present in this case, namely, whether defendant Finkelstein was negligent or reckless in advising plaintiff as he allegedly did (see, Schwartz v Public Adm'r of County of Bronx, 24 N.Y.2d 65). While the Judge in the Federal action stated that he did...

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