New York Supreme and/or Appellate Courts Appellate Division, First Department
February 21, 2013
EUGENE MATARESE, PLAINTIFF-RESPONDENT, --
JOHN ROBINSON, DEFENDANT-APPELLANT.
Matarese v Robinson
Decided on February 21, 2013
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Friedman, J.P., Sweeny, Renwick, Freedman, Roman, JJ.
Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered May 21, 2012, which granted so much of plaintiff's motion as sought summary judgment on the issue of defendant's liability and ordered a trial on damages, unanimously affirmed, with costs.
In this action for the return of funds paid to defendant for the sale of land and construction of a new home, the motion court correctly determined that defendant was barred from relitigating the issue of whether he misappropriated plaintiff's funds. At defendant's administrative proceeding before the New York Department of State's Division of Licensing Services, defendant admitted to violating article 37 of the General Business Law by commingling and failing to deposit the funds into an escrow account. Since this action involves the same issues raised in the administrative proceeding and defendant had a full and fair opportunity to litigate the matter at that proceeding, defendant's admissions were properly given preclusive effect under the doctrine of collateral estoppel (see Ryan v New York Tel. Co., 62 NY2d 494, 499-501 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 21, 2013
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