Justice Joseph Santorelli


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Municipal defendants moved for leave to renew the prior motion to dismiss, and upon renewal, granting dismissal based on collateral estoppel. Coleman argued the prior dismissed action did not have collateral estoppel effect here. She commenced an action in the U.S. District Court against defendants, and dismissal was granted on their federal causes of action, but the court declined to exercise supplemental jurisdiction over Coleman’s state law claims. Her appeal was denied, and she commenced this state action, while the appeal was pending. The court found the motion to dismiss was denied with leave to renew based on the Second Circuit’s determination under CPLR 3211(a)(5), thus, granted renewal. Also, based on undisputed facts, it found Coleman failed to set out a special duty owed by defendants to decedent, noting she failed to show how defendants violated a statutory duty on behalf of a particular class of persons decedent belonged to and voluntarily assumed a duty that decedent justifiably relied on. Further, the court stated Coleman failed to show the absence of a full and fair opportunity to contest the prior determination, and that issues decided in the federal action showed a special duty existed on defendants’ part. Hence, dismissal was granted.