Practice point: The doctrine bars relitigation of an issue which has necessarily been decided in a prior action and is determinative of the issues raised in the present action, provided that there was a full and fair opportunity to contest the decision now alleged to be controlling.
Student note: A decision upon which no formal order or judgment has been entered lacks the conclusive character necessary to invoke the doctrine.
Case: Egbert Sq. Realty, LLC v. 112-114 Corp., NY Slip Op 01794 (2d Dept. 2012).
Here is the decision.
Tomorrow’s issue: Adverse possession.
