Legal Opinion · Dissent

Jeffreys v. Griffin

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

Decided October 31, 2002Published

1DissentBuckley, J.

I respectfully dissent because I believe that defendant has not met his burden of proving that he lacked a full and fair opportunity to contest the facts of his *240misconduct toward plaintiff. Therefore, the findings of the State Board for Professional Medical Conduct should be given preclusive effect.

The issue in this case is whether the doctrine of collateral estoppel precludes defendant from contesting liability on the first cause of action alleged in the plaintiffs complaint for assault and battery. I would answer in the affirmative, reverse, and grant plaintiffs motion for partial summary…

2Cases cited15 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  3. Gilberg v. BarbieriNew York Court of Appeals · 1981
  4. B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
  5. Staatsburg Water Co. v. Staatsburg Fire DistrictNew York Court of Appeals · 1988

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