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.