Practice point: The doctrine of collateral estoppel bars relitigation of an issue which
has necessarily been decided in a prior action and is determinative of
the issues disputed in the present action, provided that there was a
full and fair opportunity to contest the decision now alleged to be
controlling. The party seeking the benefit of preclusion bears the burden of proving that the identical issue was necessarily
decided in the prior matter, and is dispositive 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: David v. State of New York, NY Slip Op 00273 (2d Dep't January 17, 208)
Here is the decision.
