Fourth Department - Collateral estoppel: Busch v. County of Erie, et al.

Daily Record Staff//July 10, 2026//

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Collateral estoppel — Unity of issues

CA 25-00714

Appealed from Supreme Court, Erie County

Background: The plaintiff commenced an action for injuries he sustained after he was diagnosed with hepatitis A while incarcerated in custody of the defendant. The defendants appealed from the denial of their motion to dismiss following dismissal of certain federal claims.

Ruling: The Appellate Division reversed. The court held that it was in error to deny dismissal of the premises liability claim. The defendants established identity of issues because the plaintiff’s premises liability claim is the same as that raised and decided in federal court. The federal court found that the plaintiff failed to establish any unsanitary conditions or any deprivations of an identifiable human need that existed.

Jeremy C. Toth, county attorney, for the defendants-appellants; Blake Zaccagnino, of Shaw & Shaw, for the plaintiff-respondent.

Oral argument video