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MATTER OF YELLOW CAB OF NEWBURGH, INC. v. WESTCHESTER COUNTY

2009-08514

72 A.D.3d 835 (2010)

898 N.Y.S.2d 659

In the Matter of YELLOW CAB OF NEWBURGH, INC., Petitioner/Plaintiff, and G&C TRANSPORTATION, INC., Appellant, v. WESTCHESTER COUNTY et al., Respondents.

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

Decided April 13, 2010.

Ordered that the order and judgment is modified, on the law, by adding a provision thereto in favor of the respondents and against the appellant dismissing the action insofar as asserted by the appellant; as so modified, the order and judgment is affirmed, with costs to the respondents.

The doctrine of collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue that was clearly raised...

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