Goldstein v. Consolidated Edison Co.

Sandler, J. (dissenting).

Let me acknowledge that the conclusion reached by a majority of this court will yield *597important practical benefits in permitting a substantial saving of time and expense in the disposition of the multiple lawsuits that followed the blackout of 1977. I do not believe that the result reached is as fair as it is practical, or that it reflects appropriate consideration of several factors that are generally recognized as weighing against the application of issue preclusion in the absence of mutuality. Although Justice Kupferman’s able and persuasive opinion accurately…