Legal Opinion
Salvatore v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2011PublishedCited by 2 opinions
1Opinion of the Court
The Supreme Court properly denied those branches of the defendant’s motion which were pursuant to CPLR 3211 (a) (1), (4) and (5) to dismiss the complaint based on documentary evidence, pendency of another action, res judicata, and collateral estoppel, since the plaintiffs current claim was not, and could not properly have been, before the court that determined the CPLR article 78 proceeding in question (see CPLR 3211 [a] [1], [4], [5], [7]; 7806; Matter of Hunter, 4 NY3d 260, 269 [2005]; People v Evans, 94 NY2d 499, 502 [2000]; Parker v Blauvelt Volunteer Fire Co., 93 NY2d 343, 349-350…
2Cases cited9 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
- Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
- In Re the Estate of HunterNew York Court of Appeals · 2005
- People v. EvansNew York Court of Appeals · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- M. Kaminsky & M. Friedberger v. WilsonAppellate Division of the Supreme Court of the State of New York · 2017
- Xiu Jian Sun v. Wuhua JingAppellate Division of the Supreme Court of the State of New York · 2016