Rodenheiser v. State
Appellate Division of the Supreme Court of the State of New York
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
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Buechel v. BainNew York Court of Appeals · 2001
- In re AbadyAppellate Division of the Supreme Court of the State of New York · 2005
- Kret v. Brookdale Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983
- Jordan Kret v. Brookdale Hospital Medical CenterNew York Court of Appeals · 1984
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3Cited by3 opinions
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- David v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
- Grasso v. New York State Thruway Auth.Appellate Division of the Supreme Court of the State of New York · 2018