July 19, 2025

Collateral estoppel.

The doctrine of collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action and decided against that party or those in privity, regardless of whether the tribunals or causes of action are the same. The party seeking to invoke the doctrine has the burden to show the identity of the issues, while the party trying to avoid application of the doctrine must establish the lack of a full and fair opportunity to litigate. The doctrine is based on principles of fairness and the facts and practical realities of a particular litigation, rather than rigid rules. A court's dicta is not subject to the preclusive effect of the doctrine of collateral estoppel.

Quiogue Prop. Mgt., LLC v. Torres, NY Slip Op 04115 (2d Dep't July 9, 2025)

Here is the decision.