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Tag Archives: ‘Res Judicata’

Fourth Department — Res Judicata: Ackman v. Haberer

Appellate Division, Fourth Department Res Judicata Collateral Estoppel — Snowmobile Accident Ackman v. Haberer CA 13-00551 Appealed from Supreme Court, Erie County Background: The plaintiff commenced two personal injury actions after suffering injuries from a collision of two snowmobiles. The ...

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Second Circuit — Res Judicata: Proctor v. LeClaire

U.S. Court of Appeals for the Second Circuit Res Judicata Collateral Estoppel — Materially New Factual Allegations Proctor v. LeClaire 11-3312-pr Judges Kearse, Katzmann and Lohier Background: The plaintiff prisoner had been administratively confined in a Special Housing Unit subject ...

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Fourth Department — Res Judicata: Zembiec v. County of Monroe, et al.

Appellate Division, Fourth Department Res Judicata Pendency of Prior Action — Single Transaction Zembiec v. County of Monroe, et al. CA 11-02261 Appealed from Supreme Court, Monroe County Background: The petitioner was an employee of the Monroe County Sheriff’s Department. ...

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Job Discrimination: Malcolm v. Board of Education of the Honeoye Falls-Lima Central School District

U.S. District Court, Western District of New York Job Discrimination ‘Res Judicata’ Malcolm v. Board of Education of the Honeoye Falls-Lima Central School District 08-CV-6577 Judge Larimer Background: Plaintiff Bernice Malcolm was employed by defendant Honeoye Falls-Lima Central School District ...

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Bankruptcy Appeal: Conigliaro v. Presidential Life Insurance Co.

U.S. District Court, Western District of New York Bankruptcy Appeal ‘Res Judicata’ Conigliaro v. Presidential Life Insurance Co. 08-CV-789 Judge Skretny Background: The Estate of Frances A. Conigliaro appeals the bankruptcy court’s denial of its motion for turnover of a ...

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