Augustine v. Village of Interlaken
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Cardamone, J.
The sole issue presented on this appeal is whether a defendant’s judgment of conviction following a trial for a traffic infraction may be used by plaintiffs in an ensuing negligence action as the basis for pleading the affirmative defense of collateral estoppel. The question is whether this defendant and two codefendant owners should now be barred from alleging that the defendant driver was free from negligence and whether the defendants should also be barred from alleging that the conduct of the plaintiff driver was in any way culpable. For the reasons which…
2Cases cited16 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
- Watts v. Swiss Bank Corp.New York Court of Appeals · 1970
- S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973
- Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
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3Cited by11 opinions
- Hadley v. MaxwellWashington Supreme Court · 2001
- Hadley v. MaxwellWashington Supreme Court · 2001
- Captain v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1991
- Loja v. LavelleAppellate Division of the Supreme Court of the State of New York · 2015
- Fox v. LyteAppellate Division of the Supreme Court of the State of New York · 1988
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