Legal Opinion
Becker v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 31, 2000No. Claim No. 96287PublishedCited by 3 opinions
1Opinion of the Court
—In a claim to recover damages for personal injuries, the defendant appeals from an order of the Court of Claims (Silverman, J.), dated November 3, 1999, which denied its motion to amend the answer to include the defense of collateral estoppel and thereupon to dismiss the claim pursuant to CPLR 3211 (a) (5).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the claim is dismissed.
“The doctrine of collateral estoppel precludes a party from litigating ‘an issue which has previously been decided against him [or her] in a proceeding in which he [or she] had a…
2Cases cited7 opinions
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Scialdone v. ShahAppellate Division of the Supreme Court of the State of New York · 1993
- Gordon v. Incorporated Village of Lake GroveAppellate Division of the Supreme Court of the State of New York · 1991
- Harrison v. StantonAppellate Division of the Supreme Court of the State of New York · 1998
- Pratt v. StateNew York Court of Claims · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rodenheiser v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- County of Nassau v. StateNew York Court of Claims · 2002
- Grasso v. New York State Thruway Auth.Appellate Division of the Supreme Court of the State of New York · 2018