Legal Opinion

Church v. New York State Thruway Authority

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 2005PublishedCited by 24 opinions

1Opinion of the Court

Mercure, J.P.

Appeal from an order of the Court of Claims (Hard, J), entered November 14, 2003, which denied defendant’s motion to, inter alia, collaterally estop claimants from raising the issue of damages.

In this case, the sole issue before us is whether a jury verdict on damages that was not reflected in the final judgment entered in a prior related Supreme Court action, due to this Court’s dismissal of the complaint upon an interlocutory appeal, collaterally estops claimants from relitigating the issue of damages in this Court of Claims action. We hold that it does not.

Claimant Ned S.…

2Cases cited19 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Buechel v. BainNew York Court of Appeals · 2001
  3. Church v. Callanan Industries, Inc.New York Court of Appeals · 2002
  4. Rudd v. . CornellNew York Court of Appeals · 1902
  5. People v. PlevyNew York Court of Appeals · 1980

14 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Powers v. GroodtAppellate Division of the Supreme Court of the State of New York · 2007
  2. Brodeur v. HayesAppellate Division of the Supreme Court of the State of New York · 2005
  3. Gadani v. Debrino Caulking Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Dukes v. City of AlbanyDistrict Court, N.D. New York · 2018
  5. Siegel v. Time Warner Inc.District Court, C.D. California · 2007

19 more not listed; retrieve them via the Exa API.

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