Opinion
Submitted June 8, 1999
September 27, 1999
In an action to recover damages arising from fraud and conversion, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (LaTorella, J.), dated July 7, 1998, as granted that branch of the motion of the defendants which was for summary judgment dismissing the complaint.
Leavitt, Kerson Leffler, Forest Hills, N.Y. (Paul E. Kerson and Jerome J. Galluscio of counsel), for appellant.
Giorgio dePoto, Syosset, N.Y. (Frank Giorgio, Jr., of counsel), for respondents.
DAVID S. RITTER. J.P., DANIEL W. JOY, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
In support of that branch of their motion which was for summary judgment, the defendants proffered a prima facie demonstration that the doctrine of collateral estoppel was applicable and warranted dismissal of the complaint ( see, D'Arata v. New York Cent. Mut. Fire Ins., 76 N.Y.2d 659; Kaufman v. Lilly Co., 65 N.Y.2d 449; 303 Realty Corp. v. Albert, 154 A.D.2d 590). In opposition thereto, the plaintiff failed to raise a triable issue of fact, and thus the defendants are entitled to summary judgment dismissing the complaint.
RITTER, J.P., JOY, H. MILLER, and SMITH, JJ., concur.