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CAIOLA v. ALLCITY INSURANCE COMPANY

7 A.D.3d 557 (2004)

776 N.Y.S.2d 504

CIRINO CAIOLA ET AL., Plaintiffs, v. ALLCITY INSURANCE COMPANY, Defendant. SOLOMON ABRAHAMS, Nonparty Appellant. (Matter No. 1.) IN THE MATTER OF PARKSIDE LIMITED LIABILITY COMPANY. SOLOMON ABRAHAMS, Nonparty Appellant. (Matter No. 2.)

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

May 10, 2004.

Ordered that the order is affirmed, without costs or disbursements.

The appellant contends that the Supreme Court did not have the power to commence the criminal contempt proceeding against him sua sponte. However, having unsuccessfully litigated this issue in a prior proceeding pursuant to CPLR article 78 (see Matter of Abrahams v DiBlasi, 293 A.D.2d 530 [2002]), the appellant is collaterally estopped from making this argument...

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