Legal Opinion · Dissent
Allstate Insurance v. Toussaint
Appellate Division of the Supreme Court of the State of New York
Decided July 16, 1990Published
1DissentHarwood, J.
and votes to reverse the order and judgment appealed from, on the law, and to deny the motion, with the following memorandum: I am of the opinion that collateral estoppel should not be applied here to deprive the plaintiff of the opportunity to litigate whether it is obligated to defend and indemnify the owner and driver of a particular vehicle in a personal injury action brought on behalf of an injured infant pedestrian. I therefore dissent and vote to reverse the order and judgment which summarily declared that the plaintiff is so obligated.
On April 16, 1986, the infant pedestrian Cynthia…
2Cases cited9 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Staatsburg Water Co. v. Staatsburg Fire DistrictNew York Court of Appeals · 1988
- Matter of Am. Ins. Co (Messinger)New York Court of Appeals · 1977
- Commissioners of State Insurance Fund v. LowNew York Court of Appeals · 1958
- MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
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