Auqui v. Seven Thirty Ltd. Partnership

Sweeny and Catterson, JJ., dissent in a memorandum by Catterson, J.,

as follows: Because I believe that the duration of plaintiffs disability was an evidentiary determination fully and *409fairly litigated by him at the Workers’ Compensation proceeding terminating his benefits, he should be precluded from relitigating the issue of continuing disability in this personal injury action. Furthermore, in my opinion, the uncontested appointment of a guardian for the plaintiff more than three years later does not raise a triable issue of fact as to when his work-related disability ended. Therefore, I…