Legal Opinion
Brown v. City of New York
New York Court of Appeals
Decided November 23, 1983PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division appealed from and the prior order of that court brought up for review should be reversed, with costs, and the May 12, 1980 order of Supreme Court, Queens County, reinstated.
It was error for the Appellate Division to have applied issue preclusion against defendant City of New York in this civil action for false arrest, false imprisonment and assault based on the dismissal of a criminal charge against defendant for resisting arrest which was prosecuted by the Queens County District Attorney. Identity of parties, an essential…
2Cases cited1 opinion
- People ex rel. Dowdy v. SmithNew York Court of Appeals · 1979
3Cited by30 opinions
- Jenkins v. City Of New YorkCourt of Appeals for the Second Circuit · 2007
- Jenkins v. City of New YorkCourt of Appeals for the Second Circuit · 2007
- Nnebe v. DausCourt of Appeals for the Second Circuit · 2011
- MATTER OF JUAN C. v. CortinesNew York Court of Appeals · 1997
- City of New York v. College Point Sports Ass'nAppellate Division of the Supreme Court of the State of New York · 2009
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