Opinion
December 21, 1995
Appeal from the Supreme Court, New York County (Seymour Schwartz, J.).
This Court's determination (3 to 2) in a prior criminal case, that the police officers' search of plaintiff herein was unlawful ( People v Taveras, 155 A.D.2d 131, appeal dismissed 76 N.Y.2d 871) does not collaterally estop defendant in this civil action from contesting the issue ( cf., Ostrover v City of New York, 192 A.D.2d 115). Defendants herein are not in privity with the New York County District Attorney's Office which prosecuted the criminal case, such as would warrant application of the doctrine of collateral estoppel ( Brown v City of New York, 60 N.Y.2d 897).
Concur — Wallach, J.P., Kupferman, Ross, Williams and Tom, JJ.