Legal Opinion
Auqui v. Seven Thirty One Ltd. Partnership
New York Court of Appeals
Decided December 10, 2013PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
The issue presented by this appeal is whether the determination of the Workers’ Compensation Board, finding that plaintiff *254had no further causally-related disability and no further need for treatment, was entitled to collateral estoppel effect in plaintiff’s personal injury action. We find that there is no identity of issue and that collateral estoppel therefore should not be applied.
On December 24, 2003, Jose Verdugo (hereinafter plaintiff)* was injured during the course of his employment as a food delivery person, when he was struck in the head by a…
2Cases cited10 opinions
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Surace v. DannaNew York Court of Appeals · 1928
- Allied Chemical v. Niagara Mohawk Power Corp.New York Court of Appeals · 1988
- Jeffreys v. GriffinNew York Court of Appeals · 2003
- Halyalkar v. Board of RegentsNew York Court of Appeals · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- In re DunnNew York Court of Appeals · 2015
- The Matter of James R. Diegelman v. City of BuffaloNew York Court of Appeals · 2016
- Kim v. Goldberg, Weprin, Finkel, Goldstein, LLPAppellate Division of the Supreme Court of the State of New York · 2014
- Lennon v. 56th & Park(NY) Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Palmeri v. Willkie Farr & Gallagher LLPAppellate Division of the Supreme Court of the State of New York · 2017
31 more not listed; retrieve them via the Exa API.