Opinion
April 9, 2001.
April 30, 2001.
Rosen, Preminger Bloom, New York, N.Y. (David S. Preminger and Helen J. Lukiewics of counsel), for appellants.
Marino Veneziano, New York, N.Y. (Ronald J. Veneziano of counsel), for respondent.
Before: DAVID S. RITTER, J.P., LEO F. McGINITY, HOWARD MILLER, SANDRA L. TOWNES, JJ.
DECISION ORDER
In an action pursuant to RPAPL article 15 to determine title to real property, the defendants appeal from an order of the Supreme Court, Queens County (Dye, J.), dated May 3, 2000, which denied their motion for partial summary judgment dismissing the complaint as to the properties located at 71-03 and 71-05 31st Avenue in Queens, on the ground of collateral estoppel.
ORDERED that the order is affirmed, with costs.
The doctrine of collateral estoppel precludes only relitigation of those issues which were actually determined in a prior proceeding (see, D'Arata v. New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659, 666; Matter of Halyalkar v. Board of Regents, 72 N.Y.2d 261, 268; Kaufman v. Lilly Co., 65 N.Y.2d 449, 456-457). There is no basis on which to determine what specific issues were determined in the prior holdover proceeding between the parties, which had been pending in the Civil Court, Queens County, because the defendants failed to produce the transcript of the trial in support of their motion for partial summary judgment (see, Seaman v. Fichet-Bauche N. Am., 176 A.D.2d 793). Accordingly, the defendants' motion for partial summary judgment was properly denied.