Legal Opinion · Dissent
Brugman v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1984Published
1Dissent
Silverman, J. (dissenting).
We would reverse the order appealed from and deny defendant Housing Authority’s motion to amend its answer to include the defense of collateral estoppel, and deny its motion for summary judgment dismissing the complaint.
*420In our view, the decision of the Medical Board and Trustees of the Employees Retirement System disallowing the claim of plaintiff, a New York City sanitation man, for accident disability, and thus necessarily rejecting his claim that he stumbled and fell on a tree stump, should not be res judicata (issue preclusion) with respect to that question of…
2Cases cited6 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Capital Telephone Co. v. Pattersonville Telephone Co.New York Court of Appeals · 1982
- Venes v. Community School BoardNew York Court of Appeals · 1978
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