Opinion
2002-05862
Argued January 23, 2003.
February 18, 2003.
In an action to recover damages for personal injuries, etc., the defendant King Low-Heywood Thomas School appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered June 3, 2002, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Paul, Hastings, Janofsky Walker LLP, Stamford, Conn. (Patrick W. Shea and Jennifer M. Bologna of counsel), and Paul Hastings, Janofsky Walker, LLP, New York, N.Y., for appellant (one brief filed).
Meagher Meagher, Bronxville, N.Y. (Christopher B. Meagher of counsel), for respondents.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
In a prior related appeal, this court determined that no nexus could be established between the alleged negligence of the co-defendants and the plaintiffs' injuries (see Anonymous v. Dobbs Ferry Union Free School Dist., 290 A.D.2d 464). Since the proximate cause issue to be decided here is identical to that determined in the prior appeal, and the plaintiffs have failed to establish that they were not given a full and fair opportunity to litigate it, the doctrine of collateral estoppel bars the relitigation of this issue (see D'Arata v. New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659, 664; Kaufman v. Lilly Co., 65 N.Y.2d 449, 456; Lozada v. GBE Contracting Corp., 295 A.D.2d 482, 483, lv denied 98 N.Y.2d 616). Accordingly, the appellant is entitled to dismissal of the complaint insofar as asserted against it.
In light of our determination, the appellant's remaining contentions are academic.
SMITH, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.