Legal Opinion
Werth v. Martin
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 1980PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously affirmed, with costs. Memorandum: 'The record shows that the issues which plaintiffs seek to have resolved in this action were fully litigated by them on their complaint against defendant A. E. Albert and Sons, Inc. (Albert), made to the Commissioner of the New York State Department of Agriculture and Markets pursuant to subdivision 3 of section 246 and sections 247 and 251-b of the Agriculture and Markets Law, and determined by him. Plaintiffs did not seek a review of that determination. *862Plaintiffs are collaterally estopped by that determination from pursuing this action…
2Cases cited5 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Evans v. MonaghanNew York Court of Appeals · 1954
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Bernstein v. Birch Wathen SchoolAppellate Division of the Supreme Court of the State of New York · 1979
- Walsh v. Pluess-StauferNew York Supreme Court · 1971
3Cited by2 opinions
- Hunt v. OSR Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Rosen v. RaumAppellate Division of the Supreme Court of the State of New York · 1993