Defendant's contention that there is an issue of fact as to whether she was terminated from her position as a physician with plaintiff without giving the 90 days' notice required by her employment contract, or was verbally terminated by plaintiff's administrator is barred by the doctrine of collateral estoppel. In a separate action brought by defendant against the administrator, the court granted the administrator's motion to dismiss the action based on documentary evidence refuting defendants allegation that the administrator verbally terminated her before she resigned. Since the prior order addressed the same factual issue and found against defendant on the merits, she is precluded from relitigating that issue in this action.
14th Street Med., P.C. v. Epstein, NY Slip Op 01496 (1st Dep't March 16, 2021)
