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HOME INSURANCE COMPANY OF ILLINOIS v. CAPCO STEEL CORPORATION

267 A.D.2d 146 (1999)

699 N.Y.S.2d 865

HOME INSURANCE COMPANY OF ILLINOIS et al., Respondents, v. CAPCO STEEL CORPORATION et al., Appellants, et al., Defendants.

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

Decided December 21, 1999.

The IAS Court correctly held that the doctrines of res judicata and collateral estoppel did not bar the instant action for breach of contract. The determination in the underlying action of issues involving assignment of liability for negligence in no way entailed determination of the clearly distinct presently litigated matter of whether defendants-appellants may be held liable for breach of contractual provisions requiring their...

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