Ruben v. American & Foreign Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lawton, J.
This appeal raises novel questions regarding whether, during the pendency of an appeal, Supreme Court, upon motion and consent of the parties, may vacate its final judgment in an action, and whether such vacatur destroys the res judicata and collateral estoppel effect of that judgment in related actions. Supreme Court, in response to a motion for summary judgment in such a related action, answered both of those questions affirmatively.
The facts are not disputed. In December 1985, the warehouse of Harlem-Genesee Market & Nursery, Inc. (HarlemGenesee) was destroyed…
2Cases cited21 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- McMahon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Government Employees Insurance v. Employers Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
- Peterson v. ForkeyAppellate Division of the Supreme Court of the State of New York · 1975
- Henry v. . AllenNew York Court of Appeals · 1895
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3Cited by35 opinions
- Sage Realty Corp. v. Proskauer Rose L. L. P.Appellate Division of the Supreme Court of the State of New York · 1998
- Katz v. MarraAppellate Division of the Supreme Court of the State of New York · 2010
- Church v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Matter of State of New York v. Richard TT.Appellate Division of the Supreme Court of the State of New York · 2015
- Quinn v. GuerraAppellate Division of the Supreme Court of the State of New York · 2006
30 more not listed; retrieve them via the Exa API.