Appellate Division, Fourth Department Collateral Estoppel Workers’ Compensation — Personal Injury Ridge v. Gold, et al. CA 13-00908 Appealed from Supreme Court, Erie County Background: The plaintiff fell from a ladder while working on the home owned by the defendants. ...

Tagged with: Appellate Division collateral estoppel Fourth Department

Appellate Division, Fourth Department Collateral Estoppel Workers’ Compensation — Personal Injury Ridge v. Gold, et al. CA 13-00908 Appealed from Supreme Court, Erie County Background: The plaintiff fell from a ladder while working on the home owned by the defendants. ...

Tagged with: Appellate Division collateral estoppel Fourth Department

New York State Court of Appeals Collateral Estoppel Issues of Fact — Resolved by Jury People v. O’Toole No. 233 Judge Smith Background: At the defendant’s first trial for first- and second-degree robbery, the jury acquitted the defendant of first-degree robbery. ...

Tagged with: collateral estoppel New York State Court of Appeals

Appellate Division, Fourth Department Collateral Estoppel Evidence People v. Brandi E. KA 09-01366 Appealed from Supreme Court, Onondaga County Background: This appeal concerns a conviction for first-degree assault and involves an earlier trial as well. The defendant was previously tried ...

Tagged with: Appellate Division collateral estoppel Fourth Department

New York State Court of Appeals Collateral Estoppel Administrative Hearings Augui, et al. v. Seven Thirty One Limited Partnership, et al. No. 18 Memorandum Background: The plaintiff, a food service deliveryman, was injured when a sheet of plywood fell from ...

Tagged with: collateral estoppel New York State Court of Appeals

Appellate Division, Fourth Department Personal Injury — Collateral Estoppel Youthful Offender — Contribution Pink v. Ricci, et al. CA 12-00377 Appealed from Supreme Court, Oneida County Background: The plaintiffs commenced an action seeking damages for injuries sustained when the defendant ...

Tagged with: Appellate Division collateral estoppel Fourth Department Personal Injury

New York State Court of Claims Collateral Estoppel Constructive Notice — ‘Res Ipsa Loquitur’ Perez v. State 112317 Judge Weinstein Background: The claimant brought an action for medical malpractice and negligence after she came to the office of Downstate Internal ...

Tagged with: collateral estoppel New York State Court of Claims

U.S. District Court, WDNY Supplemental Complaint Collateral Estoppel Mitchell v. New York State Department of Corrections, et al. 06-cv-6278 Judge Siragusa Background: The plaintiff, an inmate in custody of the New York State Department of Correctional Services, filed a complaint ...

Tagged with: collateral estoppel U.S. District Court WDNY

U.S. District Court, WDNY Due Process Collateral Estoppel Kasiem v. Guzman 02-cv-6465 CJS Judge Siragusa Background: The plaintiff, an inmate at Elmira Correctional Facility, brought a civil rights action against the deputy superintendent at Elmira. The plaintiff had allegedly sent ...

Tagged with: collateral estoppel due process U.S. District Court WDNY

Appellate Division, Third Department Collateral Estoppel Default Judgment New York State Higher Education Services Corp. v. Adeniyi 508175 Appealed from Supreme Court, Albany County Background: The defendant appeals from an order that denied his motion to vacate a default judgment ...

Tagged with: Appellate Division collateral estoppel default judgment Third Department