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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)

Citation
111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
Parent Document
111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
Jurisdiction
New York (state)
Effective Date
1981-09-15

Full Text

508 chars
Parklane Hosiery Co. v Shore (supra) prescribes the general rule for the use of collateral estoppel in Federal courts: if the plaintiff could have easily joined in the previous action or if the application of offensive collateral estoppel would be unfair to the defendant, the Trial Judge should not permit the use of collateral estoppel. Although this is the rule for Federal courts and the instant proceeding is in State court, the Supreme Court’s criteria for defining fairness in Parklane is instructive.