Nationwide Mutual Insurance Co. v. U.S. Underwriters Insurance Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Robert R. Reed, J.), entered November 19, 2015, which granted defendant’s motion to dismiss the complaint, affirmed, without costs.
Our dissenting colleague has accurately related the facts of this case and the general principles of collateral estoppel and res judicata, and they need not be repeated here. We differ only in how those principles apply to the facts of this case.
There is no dispute that plaintiff Artimus is the subrogee of nonparty Armadillo’s rights and thus is in privity with Armadillo. As the subrogee of Artimus, plaintiff Nationwide is in…
Also in this document: Dissent.
2Cases cited12 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Buechel v. BainNew York Court of Appeals · 2001
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- In Re the Estate of HunterNew York Court of Appeals · 2005
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tower Natl. Ins. Co. v. LugoAppellate Division of the Supreme Court of the State of New York · 2021
- Tower Natl. Ins. Co. v. LugoAppellate Division of the Supreme Court of the State of New York · 2021
- Aspen Am. Ins. v. NewmanAppellate Division of the Supreme Court of the State of New York · 2022
- Cohen v. GlassAppellate Division of the Supreme Court of the State of New York · 2019
- Kaba v. MillerDistrict Court, E.D. New York · 2024
3 more not listed; retrieve them via the Exa API.