Gerson-Ogden, Inc. v. Tempo Communications, Inc.

Fein, J., concurs in a memorandum as follows:

I concur in result on the ground that defendants are entitled to an opportunity to prove that (1) there is an identity of issues between the two actions sufficient to preclude the plaintiff despite the apparent difference in parties, and (2) plaintiff had an opportunity in the prior action to litigate the issues as to which collateral estoppel is sought to be pleaded.