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
Other Sections in This Document (17)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
- 111 East 88th Street Partners v. Fine, 110 Misc. 2d 960 (1981)
Full Text
822 chars*962The Supreme Court distinguished between two forms of collateral estoppel in the Parklane decision — offensive and defensive. A plaintiff seeking to foreclose a defendant from litigating an issue that the defendant lost before against a different plaintiff is using offensive collateral estoppel. When a defendant seeks to prevent a plaintiff from asserting a claim that the plaintiff has previously litigated and lost against a different defendant this is called defensive collateral estoppel. Since collateral estoppel is invoked here to preclude the landlord from relitigating the issues raised in the tenants’ affirmative defense and counterclaim, it is affirmative relief through the operation of the prior judgment, i.e., offensive collateral estoppel, that is sought, albeit not by the “plaintiff” in the action.