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P.W.B. ENTERS., INC. v. MOKLAM ENTERS., INC.

221 A.D.2d 184 (1995)

633 N.Y.S.2d 159

P.W.B. Enterprises, Inc., Respondent, v. Moklam Enterprises, Inc., Appellant, et al., Defendants

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

November 9, 1995

A party, or one in privity with a party, is collaterally estopped from relitigating an issue identical to one that was necessarily decided against it in a prior action provided there was a full and fair opportunity to contest the prior determination (D'Arata v New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659, 664). Defendant was clearly accorded a full and fair opportunity in the Civil Court nonpayment proceeding it had brought against...

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