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DEBRA MARIE RIZZO, appellant, v. ANTHONY MATTURRO, ET AL., respondents, ET AL., defendants.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that the plaintiff was collaterally estopped from asserting her claims, inter alia, to recover for services rendered against the respondents. The doctrine of collateral estoppel "precludes a party from relitigating in a subsequent action . . . an issue clearly raised in a prior action . . . and decided against that party" provided that the party has been afforded a full and fair opportunity to contest the issue ( Ryan v. New York Tel. Co., 62 N.Y.2d 494, 500-501; see Matter of New York Site Dev. Corp. v. New York State Dept. of Envtl. Conservation, 217 A.D.2d 699). The issue of whether the respondents, attorneys who arranged for depositions to be taken on behalf of their clients, can be held liable for court reporter fees was raised and decided against the plaintiff in a prior litigation. Furthermore, the plaintiff was afforded a full and fair opportunity to contest this issue in the prior lawsuit. Accordingly, the Supreme Court properly granted the motions for summary judgment dismissing the complaint insofar as asserted against the respondents.

The plaintiff's remaining contentions are without merit.

SANTUCCI, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.

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RIZZO v. MATTURRO
(Jun 28, 2004)