Can collateral estoppel be invoked in a personal injury case?

"New York", United States of America

The following excerpt is from Country Glen, L.L.C. v. Himmelfarb, 2004 NY Slip Op 50886(U) (NY 4/29/2004), 2004 NY Slip Op 50886(U) (N.Y. 2004):

Two requirements must be satisfied before collateral estoppel can be invoked (1) there must be an identity of issue which has necessarily been decided in a prior action which is decisive of the present action, and (2) there must have been a full and fair opportunity to contest the decision now said to be controlling (Buechel v. Bain, 97 NY2d 295, 304 [2001]). The party seeking the benefit of

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