Hernandez v. Nelson
Opinion of the Court
In an action, inter alia, to recover damages for wrongful eviction, the defendants appeal from an order of the Supreme Court, Kings County (Lodato, J.), dated December 3, 1987, which granted the plaintiffs’ motion for partial summary judgment on the issue of liability for wrongful eviction.
Ordered that the order is affirmed, with costs.
The plaintiffs were evicted from their apartment by a Marshal pursuant to a warrant issued in a proceeding in the
The court properly granted the plaintiffs’ motion for partial summary judgment based on the doctrine of collateral estoppel. The Civil Court proceeding established that the plaintiff Nereida Hernandez was wrongfully evicted. That determination is controlling in the absence of a showing by the defendants that they were denied a full and fair opportunity to litigate the issue in the Civil Court (see, Ryan v New York Tel. Co., 62 NY2d 494; Schwartz v Public Adm’r of County of Bronx, 24 NY2d 65; Maracina v Shirrmeister, 105 AD2d 672).
The individual defendant Marc Nelson contends that he should not be estopped from litigating this issue because he was not named as a party in the Civil Court proceeding. However, the doctrine of collateral estoppel applies to those in privity with a party against whom an issue was decided in a prior action. In response to the plaintiffs’ motion, Nelson had to establish that he did not have a full and fair opportunity to litigate this issue (see, Ryan v New York Tel. Co., supra; North Fork Hous. Guild v Mackay, 97 AD2d 433). The defendants did not deny the allegation in the plaintiffs’ complaint that Nelson is a principal of Marc Nelson Associates and managing agent of the subject building. In a deposition, Nelson referred to his rent records for the building and stated that he had left the plaintiff Nereida Hernandez a lease for the apartment with the superintendent and had offered her another apartment for the same rent after her eviction. Nelson failed to submit an affidavit to rebut the obvious inference that he was a principal of Marc Nelson Associates. The conclusory allegation in an attorney’s affirmation that the two defendants have different interests was insufficient to create an issue of fact, and the doctrine of collateral estoppel was properly invoked
Case-law data current through December 31, 2025. Source: CourtListener bulk data.