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LEVY v. CITY OF NEW YORK

234 A.D.2d 43 (1996)

650 N.Y.S.2d 211

Abraham D. Levy, as Administrator of The Estate of Alberto C. Concepcion, Also Known as Albert Concepcion, Deceased, Plaintiff, v. City of New York, Appellant, and Algimiro Lopez, Respondent

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

December 5, 1996

In order for the doctrine of collateral estoppel to be applicable, an issue in the present proceeding must be identical to that decided in the prior proceeding and the party against whom preclusion is sought must have been accorded a full and fair opportunity to contest the issue in that prior proceeding (Allied Chem. v Niagara Mohawk Power Corp., 72 N.Y.2d 271, 276, cert denied 488 U.S. 1005; D'Arata v New York Cent. Mut...

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