Opinion
December 26, 1991
Appeal from the Supreme Court, Monroe County, Cornelius, J.
Present — Doerr, J.P., Boomer, Pine, Balio and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in granting plaintiff's cross motion for summary judgment on the issue of defendant Griffin's liability. The court properly invoked the doctrine of collateral estoppel to preclude defendant Griffin from relitigating the issue of his liability based upon his prior criminal conviction (see, Kramer v Griffin, 156 A.D.2d 973). Finally, we note that although it is not a subject of this appeal, we are unable to conclude, as a matter of law, that plaintiff's decedent did not engage in any culpable conduct (cf., Kramer v Griffin, supra).