Collateral estoppel.

Practice point: Where a criminal conviction is based upon facts identical to those in issue in a related civil action, the plaintiff in the civil action can successfully invoke the doctrine of collateral estoppel to bar the convicted defendant from relitigating the issue of his liability, regardless of whether the conviction resulted from a plea or a trial.

Student note: The party seeking the benefit of collateral estoppel bears the burden of proving that the identical issue was necessarily decided in the prior proceeding, and is decisive of the present action. The party against whom preclusion is sought bears the burden of demonstrating the absence of a full and fair opportunity to contest the prior determination.

Case: Maiello v. Kirchner, NY Slip Op 05805 (2d Dept. 2012).

Here is the decision. 

Tomorrow’s issue: Lack of an original signature on a pleading, and leave to interpose an amended answer.