Costello v. Lupinacci

Appellate Division of the Supreme Court of New York

Costello v. Lupinacci

253 A.D.2d 478, 676 N.Y.S.2d 498, 1998 N.Y. App. Div. LEXIS 8906

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 17, 1998

StatusPublished

Cited by1 cases

This text of 253 A.D.2d 478 (Costello v. Lupinacci) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Costello v. Lupinacci, 253 A.D.2d 478, 676 N.Y.S.2d 498, 1998 N.Y. App. Div. LEXIS 8906 (N.Y. Ct. App. 1998).

Pincite

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Putnam Comity (Hickman, J.), dated October 20, 1997, which granted the plaintiffs motion for partial summary judgment on the issue of liability based upon the defendant’s plea of guilty to the crime of assault in the third degree.

Ordered that the order is affirmed, with costs.

It is clear that the appellant’s conviction for assault in the third degree arising out of the same events as those alleged in the instant action establishes his civil liability for damages for assault and battery under the doctrine of collateral estoppel (see, Lili B. v Henry F., 235 AD2d 512; Buggie v Cutler, 222 AD2d 640; Villanueva v Comparetto, 180 AD2d 627; Grayes v DiStasio, 166 AD2d 261). Thus, the court was correct in granting the plaintiffs motion for partial summary judgment on the issue of liability against the defendant. Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

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In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Putnam Comity (Hickman, J.), dated October 20, 1997, which granted the plaintiffs motion for partial summary judgment on the issue of liability based upon the defendant’s plea of guilty to the crime of assault in the third degree.

Ordered that the order is affirmed, with costs.

It is clear that the appellant’s conviction for assault in the third degree arising out of the same events as those alleged in the instant action establishes his civil liability for damages for assault and battery under the doctrine of collateral estoppel (see, Lili B. v Henry F., 235 AD2d 512; Buggie v Cutler, 222 AD2d 640; Villanueva v Comparetto, 180 AD2d 627; Grayes v DiStasio, 166 AD2d 261). Thus, the court was correct in granting the plaintiffs motion for partial summary judgment on the issue of liability against the defendant. Bracken, J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.

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Bluebook (online)

253 A.D.2d 478, 676 N.Y.S.2d 498, 1998 N.Y. App. Div. LEXIS 8906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/costello-v-lupinacci-nyappdiv-1998.

Opinion

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