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
777 charsIn this case, as in Parklane (supra), none of the circumstances that might justify reluctance to allow the offensive use of collateral estoppel is present. In the first place, the application of offensive collateral estoppel will not here reward a party who could have joined in the previous actions since the petitions against these tenants were dismissed because they were defective in material respects. Second, the landlord had every opportunity to litigate the first suit vigorously in light of the seriousness of the claims. Third, the judgment in the first action was not inconsistent with any previous decision. Finally, there will be no procedural opportunities available here that were unavailable in the first action that might be likely to cause a different result.