Opinion
January 21, 1986
Appeal from the Supreme Court, Queens County (Goldstein, J.).
Appeal from the order dated July 11, 1984 dismissed, without costs or disbursements. That order was superseded by the order dated September 7, 1984, made upon reargument.
Order dated September 7, 1984 reversed, insofar as appealed from, on the law, without costs or disbursements, motion granted, and plaintiffs complaint against defendant Moore dismissed.
Plaintiff is collaterally estopped from relitigating defendant Moore's involvement in the accident, as the record indicates that that issue has already been resolved in the latter's favor in an arbitration proceeding. The mere fact that the Motor Vehicle Accident Indemnification Corporation (MVAIC) is also a defendant here, having intervened in this action, does not affect defendant Moore's right to have plaintiff's action against her dismissed on the ground of collateral estoppel (see, e.g., Greenspan v Doldorf, 87 A.D.2d 884; Matter of Wallace v MVAIC, 25 N.Y.2d 384; Schwartz v Public Administrator of County of Bronx, 24 N.Y.2d 65, 71). Mollen, P.J., Mangano, Lawrence and Kooper, JJ., concur.