WAGMAN v. KANDEKORE


243 A.D.2d 628 (1997)

663 N.Y.S.2d 227

David Wagman et al., Respondents, v. Lijyaso Kandekore, Also known as L. Monty Kandekore, Appellant

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

October 20, 1997


Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that, based on the doctrine of collateral estoppel, the plaintiffs must be awarded summary judgment on the issue of liability on their civil assault and battery causes of action against the defendant. The defendant was convicted of crimes based upon facts identical to those at issue in this civil action. The plaintiffs have established that there is an identity of the issues, that...

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