Legal Opinion
O'Connor v. G&R Packing Co.
New York Court of Appeals
Decided June 18, 1981PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Issue preclusion is available to protect a defendant who was not a party to an earlier lawsuit from the relitigation of an issue considered alternatively in the prior trial only when it is clear that the prior determination squarely addressed and specifically decided the issue. On the record before us it cannot be said that contributory negligence, which would bar plaintiffs’ recovery in the instant action,1 was so determined in plaintiff’s prior action against other *281defendants. Defendant’s motion for summary judgment was, therefore, correctly denied.
Plaintiff,…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Basso v. MillerNew York Court of Appeals · 1976
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Malloy v. TrombleyNew York Court of Appeals · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- GTF Marketing, Inc. v. Colonial Aluminum Sales, Inc.New York Court of Appeals · 1985
- Gaeta v. New York News Inc.New York Court of Appeals · 1984
- Shanley v. Callanan Industries, Inc.New York Court of Appeals · 1981
- Tydings v. Greenfield, Stein & Senior, LLPNew York Court of Appeals · 2008
- Murphy v. GallagherCourt of Appeals for the Second Circuit · 1985
48 more not listed; retrieve them via the Exa API.