Pfeiffer v. McCall

I dissent from so much of the decision as upholds the striking out of the affirmative defense pleaded in the answer of the defendant county. I do *97not think that this case is distinguishable from Baker v. Matthews (8 AD 2d 585).

The plaintiffs rely upon the doctrine of res judicata or, more accurately, collateral estoppel by judgment, as the basis of their motion to strike out the defense. But, in my opinion, that doctrine is not applicable here. There has been no binding adjudication that the injury suffered by the plaintiff Beverly Pfeiffer did not arise out of and in the course of her…