Having previously prevailed upon their argument that Mendon was not a party to the default judgment against John Densby and that the action as against Mendon had been severed, thus enabling Mendon to conduct discovery and litigate the issues, plaintiffs are judicially estopped from now arguing that the default judgment against Densby should be given res judicata and collateral estoppel effect against Mendon ( see, Madden v. Corey, 251 A.D.2d 257). In any event, Mendon was not in privity with Densby, and did not have a full and fair opportunity to litigate either the issues of liability or damages ( see, Frolish v. Ryder Truck Rental, 63 A.D.2d 799).
Concur — Rosenberger, J. P., Wallach, Rubin and Andrias, JJ.