Opinion
March 23, 1993
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
The IAS Court properly precluded defendant's relitigation of a substantive point conclusively established against it in prior litigation (Goldstein v. Consolidated Edison Co., 93 A.D.2d 589, affd 62 N.Y.2d 936, cert denied 469 U.S. 1210). Such preclusion is ultimately a matter of fairness (see, Hardy v. Johns-Manville Sales Corp., 681 F.2d 334, 348).
The five additurs resulted in awards that do not deviate materially from what would be reasonable compensation (CPLR 5501 [c]), and were not abuses of discretion (see, Schare v. Welsbach Elec. Corp., 138 A.D.2d 477, 478).
Since plaintiff Sutton's trial was expressly limited to the question of injury from mesothelioma, evidence that death was due to bronchogenic carcinoma would have resulted in undue prejudice to defendant and thus it was not an abuse of discretion to preclude such evidence (see, Assante v. City of New York, 173 A.D.2d 430).
Concur — Ellerin, J.P., Wallach, Kupferman and Asch, JJ.