Wagman v. Kandekore

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before BRACKEN
• Citation: Wagman v. Kandekore, 663 N.Y.S.2d 227, 243 A.D.2d 628 (N.Y. App. Div. 1997)
• Decision Date: 20 October 1997
• Parties: David WAGMAN, et al., Respondents, v. Lijyaso KANDEKORE, a/k/a L. Monty Kandekore, Appellant.

Page 227

663 N.Y.S.2d 227

243 A.D.2d 628

David WAGMAN, et al., Respondents, v. Lijyaso KANDEKORE, a/k/a L. Monty Kandekore, Appellant.

Supreme Court, Appellate Division Second Department.

Oct. 20, 1997.

Lijyaso Kandekore, Miami, FL, pro se.

Mark A. Varrichio & Associates, New York City (Laurie Galioto, of counsel), for respondents.

Before BRACKEN, J.P., and ROSENBLATT, COPERTINO and LUCIANO, JJ.

MEMORANDUM BY THE COURT.

In an action, inter alia, to recover damages for assault and battery, the defendant appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered April 3, 1996, which, inter alia, granted the plaintiffs' motion for summary judgment on the issue of liability on the causes of action to recover damages for assault and battery.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly determined that, based on the doctrine of collateral estoppel, the plaintiffs must be awarded summary judgment on the issue of liability on their civil assault and battery causes of action against the defendant. The defendant was convicted of crimes based upon facts identical to those at issue in this civil action. The plaintiffs have established that there is an identity of the issues, that the defendant had a full and fair...