Opinion
Submitted January 6, 1984
Decided February 23, 1984
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK COMPOSTO, J.
Morris J. Eisen, Steven Di Joseph and Edward P. Dunphy for appellant.
George J. Kehayas and Leo Rothbard for respondents.
Order affirmed, with costs, for reasons stated in the opinion by Justice SEYMOUR BOYERS at the Appellate Division ( 93 A.D.2d 449). Moreover, a reading of the summation of plaintiff's attorney to the jury in the prior trial leaves no doubt that the question decided by that jury was whether abruptio placentae occurred, that it was necessarily determined, and that it was determined against plaintiff after full and fair opportunity to litigate the issue.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE. Taking no part: Judge SIMONS.