Collateral estoppel barred plaintiff's claim that an officer used excessive force by pushing him in a stairwell. Defendants demonstrated that the same issue existed and was decided against plaintiff in the criminal action, and plaintiff failed to show that he lacked a full and fair opportunity to litigate that issue in the criminal action (see Kaufman v Eli Lilly & Co.,
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MYERS v. CITY OF NEW YORK
10817, 101341/11.
179 A.D.3d 530 (2020)
114 N.Y.S.3d 228
2020 NY Slip Op 00381
Nathaniel Myers, Respondent, v. City of New York et al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 21, 2020.
Decided January 21, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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