Opinion
October 8, 1998
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Whether defendants, who were plaintiff's lawyers in a sexual harassment action she brought in Federal court, coerced her into settling that action at a time when she was legally incompetent was clearly raised and necessarily decided against plaintiff on her application in the Federal court action to vacate such settlement and the judgment entered thereon ( McKenna v. Ward, 1997 U.S. Dist. LEXIS 1609 [S.D.N.Y., Feb. 18, 1997, Keenan, J. (88 Civ. 0513)]). Accordingly, the IAS Court correctly dismissed the action on the ground of collateral estoppel ( see, First Nationwide Bank v. Konecky, 224 A.D.2d 283, lv dismissed 88 N.Y.2d 1016; compare, Weiss v. Manfredi, 83 N.Y.2d 974). In view of the foregoing, we need not address the Statute of Limitations issue.
Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.