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CHIARA v. TOWN OF NEW CASTLE

61 A.D.3d 915 (2009)

878 N.Y.S.2d 755

JEFFREY CHIARA, Appellant, v. TOWN OF NEW CASTLE et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 28, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The doctrine of collateral estoppel bars "a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or those in privity, whether or not the tribunals or causes of action are the same" (Ryan v New York Tel. Co., 62 N.Y.2d 494, 500 [1984]). Collateral estoppel applies...

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