Collateral estoppel does not bar plaintiffs from seeking indemnification and contribution, as the issue of defendants' and their subcontractor's negligence was not raised, necessarily decided, and material to the underlying personal injury action of the subcontractor's employee against plaintiffs and an unrelated company. As this action was severed from the underlying action before issue was joined, defendants were not parties in the underlying trial, and they proffer no evidence that the jury therein was instructed on apportionment of negligence to nonparties.
One Bryant Park v. Permasteelisa Cladding Tech., Ltd., NY Slip Op 07677 (1st Dep't December 17, 2020)
