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MISS ERIKA, INC. v. GELBSTEIN

276 A.D.2d 276 (2000)

713 N.Y.S.2d 867

MISS ERIKA, INC., Appellant, v. ALAN D. GELBSTEIN, Respondent.

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

Decided October 5, 2000.

Plaintiff contends that because it was determined in a prior action that clients of defendant, an attorney, converted plaintiff's funds, plaintiff is now entitled to restitution of those funds from defendant. However, because defendant was neither a party nor in privity with a party to the prior action, he is not collaterally estopped from litigating his liability for restitution of the converted funds. Moreover, factual issues...

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