Legal Opinion

Rodenheiser v. State

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 2008PublishedCited by 3 opinions

1Opinion of the Court

In a claim to recover damages for medical malpractice, etc., the claimants appeal from an order of the Court of Claims (Waldon, Jr., J), dated November 15, 2006, which granted the defendant’s motion for leave to amend its answer to assert the defense of collateral estoppel and to dismiss the claim as barred by that defense.

Ordered that the order is affirmed, with costs.

Contrary to the claimants’ contention, the Court of Claims properly granted the defendant’s motion for leave to amend its answer to assert the defense of collateral estoppel and to dismiss the claim based on that defense. The…

2Cases cited11 opinions

  1. D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
  2. Buechel v. BainNew York Court of Appeals · 2001
  3. In re AbadyAppellate Division of the Supreme Court of the State of New York · 2005
  4. Kret v. Brookdale Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983
  5. Jordan Kret v. Brookdale Hospital Medical CenterNew York Court of Appeals · 1984

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Montoya v. JL Astoria Sound, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. David v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
  3. Grasso v. New York State Thruway Auth.Appellate Division of the Supreme Court of the State of New York · 2018

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API