Ordered that the order is affirmed, with costs.
The plaintiff is collaterally estopped from relitigating the issue of whether there was an agreement between the plaintiff and the movants. The plaintiff had a full and fair opportunity to contest this issue in its prior Federal court action. In addition, this issue necessarily was decided against the plaintiff in that prior action, and is decisive of the present action (see, Kaufman v Lilly & Co.,...
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