HIBBERT v. AVWONTOM


35 A.D.3d 813 (2006)

826 N.Y.S.2d 441

PRESTON HIBBERT, Respondent, v. VICTOR AVWONTOM et al., Appellants.

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

Decided December 26, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The defendants made a prima facie showing of entitlement to judgment as a matter of law demonstrating that the instant litigation is barred by the doctrine of collateral estoppel based on a previous arbitration award which was adverse to the plaintiff (see Clemens v Apple, 65 N.Y.2d 746, 748...

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