Practice point: Where a criminal conviction is based upon facts identical to those 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 liability. The party seeking the benefit of estoppel must prove 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 must demonstrate the absence of a full and fair opportunity to contest the prior determination.
Student note: The
doctrine applies whether the conviction results from a plea or a trial.
Case: Hartman v. Milbel Enters., Inc., NY Slip Op 06314 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: A motion to change venue.
