LENNON v. 56TH & PARK (NY)

2018-07336. Index No. 508298/14.

199 A.D.3d 64 (2021)

153 N.Y.S.3d 535

2021 NY Slip Op 04972

SEAN LENNON, Appellant, v. 56TH AND PARK (NY) OWNER, LLC, et al., Respondents.

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

Decided September 15, 2021.


Attorney(s) appearing for the Case

Sacks and Sacks, LLP, New York City ( Scott N. Singer of counsel), for appellant.

Malapero Prisco & Kaluber, LLP, New York City ( Francis B. Mann, Jr. , of counsel), for respondents.

AUSTIN, DUFFY and BARROS, JJ., concur.


OPINION OF THE COURT

A plaintiff's claim may be barred by the doctrine of collateral estoppel when there is a prior determination from an administrative board involving the same subject matter. When and whether a plaintiff is actually collaterally estopped from obtaining a recovery in a later action invokes a maxim that is...

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