The broker's motion to dismiss the insured complaint for negligence based upon collateral estoppel was unsuccessful. Gjonaj Realty & Mgt. Corp. v. Capacity Group of NY LLC, 2019 N.Y. App. Div. LEXIS 4880 (N.Y. App. Div. June 18, 2019). 

    The insured was sued in a personal injury action. A default…