New York Court of Appeals

Christine A. Jeffreys, Appellant v. Patrick H. Griffin, Respondent

October 30, 20031 N.Y.3d 34

Summary

The New York Court of Appeals affirmed the Appellate Division’s order that the physician’s disciplinary finding of sexual misconduct does not bar him from contesting liability for assault and battery in the plaintiff’s civil suit. The court held that collateral estoppel was inapplicable because the physician had a full and fair opportunity to litigate the issue in the administrative proceeding and was later acquitted of criminal charges, making preclusion unfair under the circumstances.