Practice point: A party is precluded from relitigating an issue which has been adversely decided in a prior proceeding.
Practitioners should note that the party to be precluded must have had a full and fair opportunity to contest the issue in the prior proceeding.
Case: Franklin Dev. Co., Inc. v. Atlantic Mut. Ins. Co., NY Slip Op 02321 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Retainer agreements.
