Opinion
December 20, 1985
Appeal from the Supreme Court, Monroe County, Patlow, J.
Present — Dillon, P.J., Doerr, Boomer, Green and O'Donnell, JJ.
Order unanimously affirmed, with costs. Memorandum: We affirm for reasons stated in the memorandum decision at Special Term (Patlow, J.). We add only that a different result is not required by Clemens v Apple ( 65 N.Y.2d 746) or Ryan v New York Tel. Co. ( 62 N.Y.2d 494), both of which were decided subsequent to Special Term's decision. We have reviewed the record with due consideration to the factors applicable to a determination of whether plaintiff was afforded a full and fair opportunity to litigate the causality issue in the no-fault arbitration forum (see, Clemens v Apple, supra). We find that the record amply supports the order denying defendants' motion for partial summary judgment on the ground of collateral estoppel.