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MAGAZINES UNLIMITED v. BRODY

28 A.D.3d 320 (2006)

812 N.Y.S.2d 353

MAGAZINES UNLIMITED et al., Respondents, v. NEIL BRODY et al., Appellants, et al., Defendants.

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

April 18, 2006.

Defendants, seeking the benefit of collateral estoppel and res judicata, failed to demonstrate that the issue and claim for conversion raised in the instant action had necessarily been decided in the prior action against plaintiffs, or that plaintiffs had a full and fair opportunity to litigate the issue (see Gramatan Home Invs. Corp. v. Lopez, 46 N.Y.2d 481, 485 [1979]).

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