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LOWE v. FEIRING

205 A.D.2d 505 (1994)

613 N.Y.S.2d 42

Beryl Lowe, Respondent, v. Philip T. Feiring, Appellant

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

June 6, 1994

Ordered that the order is affirmed, with costs.

The equitable doctrine of collateral estoppel is based upon the general notion that a party, or one in privity therewith, should not be permitted to relitigate an issue which has been decided against it (see, D'Arata v New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659, 664). For the doctrine to apply, only two requirements must be satisfied. First, "the party seeking the...

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