Opinion
November 28, 1995
Appeal from the Court of Claims, New York County (Albert Blinder, J.).
Claimant is not collaterally estopped on the issue of damages by the award of damages that was made by the jury and reduced upon claimant's stipulation in a prior action that claimant brought in Supreme Court against non-State defendants. There is no indication that the reversal of that judgment by the Court of Appeals was limited to the single issue of causation discussed in the Court's decision ( Rivera v New York City Health Hosps. Corp., 72 N.Y.2d 1021), and the second jury verdict in Supreme Court, which was against claimant on the issue of liability, never even reached the issue of damages. Accordingly, the issue of damages was not "`actually * * * determined'" in the prior action ( Kaufman v Eli Lilly Co., 65 N.Y.2d 449, 456; see, Chung v New York City Tr. Auth., 213 A.D.2d 619). However, we view the award as excessive to the extent indicated ( cf., supra).
Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Williams, JJ.