05-07-09 Lopez v. Patel
A-5262-07T3
Defendants are equitably estopped from raising on the
morning of trial a defense of collateral estoppel based on
Habick v. Liberty Mutual Fire Ins. Co., 320 N.J. Super. 244
(App. Div.), certif. denied, 161 N.J. 149 (1999), when that
defense was available during fourteen months of discovery and
pretrial preparation. Habick held that plaintiff in an auto
negligence case is collaterally estopped from relitigating an
adverse determination reached in PIP arbitration.
