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ACEVEDO v. HOLTON

239 A.D.2d 194 (1997)

657 N.Y.S.2d 407

Jossy Acevedo, Respondent, v. Richard Holton, Appellant

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

May 13, 1997

The proposed collateral estoppel defense is predicated upon a no-fault arbitration denying the last of three contested claims for lost wages and a claim for the cost of chiropractic services. Where there has been a final determination on the merits, an arbitration award, even one never confirmed, may serve as the basis for the defense of collateral estoppel in a subsequent action. (Hilowitz v Hilowitz, 85...

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