David C. Gilberg v. Joseph P. Barbieri
By Court of Appeals of New York
- Release Date - Published: 1981-06-16
- Book Genre: Law
- Author: Court of Appeals of New York
David C. Gilberg v. Joseph P. Barbieri Court of Appeals of New York read online review & book description:
The question on this appeal is whether a conviction for the petty offense of harassment can later be used to preclude the defendant from disputing the merits of a civil suit for assault, involving the same incident and seeking a quarter of a million dollars in damages. The Trial Court held that collateral estoppel precluded the defendant from contesting the merits of the civil complaint and that the plaintiff was therefore entitled to summary judgment on the liability issue. The Appellate Division affirmed with one dissent and granted the defendant leave to appeal to this court on a certified question concerning the correctness of its order.
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