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JEFFREYS v. GRIFFIN

301 A.D.2d 232 (2002)

749 N.Y.S.2d 505

CHRISTINE A. JEFFREYS, Appellant, v. PATRICK H. GRIFFIN, Respondent.

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

October 31, 2002.

Attorney(s) appearing for the Case

Barry S. Gedan for appellant.

Denise Buda of counsel (Michael S. Kelton on the brief; Lippman Krasnow & Kelton LLP, attorneys), for respondent.

WILLIAMS, P.J., NARDELLI and ANDRIAS, JJ., concur with TOM, J.; BUCKLEY, J., dissents in a separate opinion.

OPINION OF THE COURT

TOM, J.

The issue before us is whether the factual determination of the Hearing Committee of the New York State Department of Health's Board for Professional Medical Conduct (the Medical Board), which revoked defendant doctor's license to practice medicine, collaterally estopped defendant from litigating the issue of liability with respect to plaintiff's civil cause of action for assault and battery. Under the particular circumstances...

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