Baxter v. Fulton Ice & Cube Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Weinstein, J.
The question for resolution on this appeal is whether the doctrine of collateral estoppel bars a plaintiff injured within the scope of his employment from recovering against a named defendant manufacturer and/or distributor a judgment in excess of *83the amount previously recovered by him in an inquest proceeding against a defaulting defendant. This appears to be a case of first impression in this jurisdiction. It arises in the context of an action to recover damages for personal injuries. The inquest proceeding was with respect to those same personal injuries.…
2Cases cited12 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Capital Telephone Co. v. Pattersonville Telephone Co.New York Court of Appeals · 1982
- Mayers v. D'AgostinoNew York Court of Appeals · 1982
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3Cited by7 opinions
- Ott v. BarashAppellate Division of the Supreme Court of the State of New York · 1985
- In Re Professional Financial Management, Ltd.District Court, D. Minnesota · 1988
- Allen v. RiveraAppellate Division of the Supreme Court of the State of New York · 1986
- Sepulveda v. DayalAppellate Division of the Supreme Court of the State of New York · 2010
- Ballarine v. Getty Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.