IMPEX ENTERPRISES INC v. BULOVA CORPORATION (1999)

Order, Supreme Court, New York County (Paula Omansky, J.), entered January 29, 1998, which granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiffs had a full and fair opportunity to litigate the issues they would raise in this action in the prior, and now concluded, Civil Court proceeding, in which the very same issues were determined against a party with whom they were in privity.   This being the case, the instant litigation is precluded by the doctrine of collateral estoppel (see, Corto v. Lefrak, 203 A.D.2d 94, 95, 610 N.Y.S.2d 214, lv. dismissed 86 N.Y.2d 774, 631 N.Y.S.2d 600, 655 N.E.2d 697;  see also, D'Arata v. New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659, 664-665, 563 N.Y.S.2d 24, 564 N.E.2d 634;  Gramatan Home Investors Corp. v. Lopez, 46 N.Y.2d 481, 486, 414 N.Y.S.2d 308, 386 N.E.2d 1328).

MEMORANDUM DECISION.