Legal Opinion
Watkins v. Bank of Castile
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 1991PublishedCited by 9 opinions
1Opinion of the Court
Order unanimously af*1062firmed with costs. Memorandum: Defendants contend that plaintiff is barred by collateral estoppel from litigating his claim for lost wages. We disagree. Because plaintiff arbitrated only his no-fault claim for medical expenses, and not his claim for lost wages, there is no identity of issue to form a basis for issue preclusion (see, Kaufman v Lilly & Co., 65 NY2d 449, 455; Kingston v State Farm Mut. Auto. Ins. Co., 165 AD2d 970). Indeed, the issue of lost wages could not have been considered in the health service arbitration because, under the multitiered no-fault…
2Cases cited4 opinions
- McDonnell v. Best Bus Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Fiveson v. KondenarAppellate Division of the Supreme Court of the State of New York · 1985
- In re the Arbitration between Berent & County of ErieAppellate Division of the Supreme Court of the State of New York · 1982
- Kingston v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by9 opinions
- Wilson v. ColosimoAppellate Division of the Supreme Court of the State of New York · 2012
- Shoulders v. BrownAppellate Division of the Supreme Court of the State of New York · 1996
- Crewe v. PisanovaAppellate Division of the Supreme Court of the State of New York · 2015
- CREWE, ARIANE v. PISANOVA, TATJANAAppellate Division of the Supreme Court of the State of New York · 2015
- CREWE, ARIANE v. PISANOVA, TATJANAAppellate Division of the Supreme Court of the State of New York · 2015
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