inference. Rather, the Court may properly assess their veracity where, as here, they are rebutted by documentary evidence, including their own sworn statements on the record.
Plaintiffs Have Failed In Their Burden Of Establishing That
They Did Not Have A Full And Fair Opportunity To Litigate The
Issue Of The Voluntariness Of Their Consent To The Subject Settlement
5. Plaintiffs
suggest that the collateral estoppel bar should not apply to the instant
malpractice/fraud/breach of fiduciary duty claim because Judge Heitler’s
28-page decision was purportedly "summary" in nature as it was
rendered without holding an "evidentiary hearing" and was wrong. See
Plaintiffs’ Joint Affidavit in Opposition at ¶¶ 49, 53, 57, 60
and 62.
6. The "burden rests upon
the opponent [of collateral estoppel] to establish the absence of a full and
fair opportunity to litigate the issue in [the] prior action or
proceeding." See Parker v. Blauvelt Volunteer Fire Company, 93
N.Y.2d 343, 690 N.Y.S.2d 478 (1999); see also Ryan v. N.Y. Telephone Co., 62
N.Y.2d 494, 467 N.E.2d 487, 478 N.Y.S.2d 823 (1984).
7. Plaintiffs herein have
completely failed to meet their burden of establishing that they did not receive
a full and fair opportunity in the prior proceedings to litigate the issues of
the voluntariness of their consent to settlement and absence of duress or
coercion.
8. Plaintiffs’ assertion
that in the absence of a full-blown evidentiary hearing, they did not receive
the full and fair opportunity to be heard necessary for application of the
collateral estoppel bar is legally erroneous. There is absolutely no doubt that
the decisions rendered by courts upon motion and on appeal have been applied to
provide the collateral estoppel bar to subsequent claims based upon discrete
issues necessarily
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