September 20, 2012

Collateral estoppel.



Practice point: Collateral estoppel preserves party and judicial resources by preventing relitigation of matters that have already been resolved. It prevents inconsistent results, and it can be asserted in a new case by a nonparty to the original proceeding.

Student note: Moreover, collateral estoppel principles apply as well to awards in arbitration as they do to adjudications in judicial proceedings.

Case: Feinberg v. Boros, NY Slip Op 06114 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Motion to dismiss based on documentary evidence.