Summary
affirming the award of summary judgment on the issue of liability to the plaintiffs on their civil assault and battery causes of action against the defendant based upon collateral estoppel
Summary of this case from Jane Doe v. HRH Prince Abdulaziz Bin Fahd AlsaudOpinion
October 20, 1997
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly determined that, based on the doctrine of collateral estoppel, the plaintiffs must be awarded summary judgment on the issue of liability on their civil assault and battery causes of action against the defendant. The defendant was convicted of crimes based upon facts identical to those at issue in this civil action. The plaintiffs have established that there is an identity of the issues, that the defendant had a full and fair opportunity to litigate these issues in the criminal case, and that there are no other circumstances that would render the collateral estoppel bar inapplicable. Accordingly, the plaintiffs may successfully invoke the doctrine of collateral estoppel to bar the defendant from relitigating the issue of liability ( see, D'Arata v. New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659; Lili B. v. Henry F., 235 A.D.2d 512).
Bracken, J.P., Rosenblatt, Copertino and Luciano, JJ., concur.