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MATTER OF LARCH REALTY CORP. v. BD. OF APPEALS OF THE VILL. OF LARCHMONT

208 A.D.2d 630 (1994)

618 N.Y.S.2d 231

In the Matter of Larch Realty Corp., Appellant, v. Board of Appeals of the Village of Larchmont, Respondent, and Palmer North Development Corp., Intervenor-Respondent

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

October 11, 1994

Ordered that the judgment is affirmed, with costs.

On appeal, the petitioner contends that the Supreme Court improperly applied the doctrine of collateral estoppel to bar it from challenging the Zoning Board's granting of a parking variance. It is well settled that the doctrine of collateral estoppel is predicated on two requirements. First, the identical issue necessarily must have been decided in the prior action and be decisive of the present action, and second...

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