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2007 NY Slip Op 51447

Citation
2007 NY Slip Op 51447
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

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lations freely executed by parties to litigation" (See Matter of Cecil Marquez, 750 NYS2d 517 (App. Div 2nd Dept 2002)), [4] the doctrine of collateral estoppel prevents a party from re-litigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against the party (See Ryan v. New York Telephone Company, 62 NY2d 494 (NY 1984)). The collateral estoppel doctrine bars re-litigation of issues decided in a stipulation. (See Gurvewy v. Lynch, 282 AD2d 367 (NY App. Div. 2001)), [5] "Res judicata doctrine bars re-litigation of issues resolved in a stipulation, and all issues related to those decided therein" (See Prudential Lines, Inc. v. Firemen's Insurance Company of Newark, New Jersey, 91 AD2d 1 (NY App. Div. 1982)), [6] a waiver is the relinquishment of a known right, which prevents a party from asserting the right. (See Jefpaul Garage Corp. v. Presbyterian Hospital in the City of New York , 61 NY2d 442 (NY 1984)).