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STRYCHALSKI v. DAILEY

65 A.D.3d 546 (2009)

883 N.Y.S.2d 586

LUKE STRYCHALSKI, Plaintiff, and NESTOR ESTRADA, Appellant, v. VINCENT M. DAILEY et al., Respondents.

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

Decided August 4, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff Nestor Estrada (hereinafter the plaintiff) established that collateral estoppel effect should be given to the plea of guilty entered by the defendant Vincent M. Dailey (hereinafter the defendant) to the offense of vehicular assault in the second degree, thereby establishing the defendant's negligence as a proximate cause of the accident (see Blaich v Van Herwynen, 37 A.D.3d 387<...

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