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CIBC MELLON TRUST COMPANY v. SAMUEL MONTAGU & CO. LIMITED

25 A.D.3d 492 (2006)

810 N.Y.S.2d 127

CIBC MELLON TRUST COMPANY, et al., Respondents, v. SAMUEL MONTAGU & CO. LIMITED et al., Appellants, et al., Defendants.

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

January 26, 2006.

The doctrine of collateral estoppel precludes a party from relitigating an issue decided against him in a prior proceeding where he had a full and fair opportunity to litigate that point. The identical issue must have been necessarily decided in the prior proceeding, and the party seeking the benefit of collateral estoppel bears the burden of demonstrating the identity of the issues in the present litigation and the prior determination (see Kaufman v Eli Lilly & Co...

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