Ryan v. New York Telephone Co.
New York Court of Appeals
POINTS OF COUNSEL I. Plaintiff-respondent had a full and fair opportunity to litigate the issues in the unemployment insurance proceedings which are determinative of the first, second, third, sixth and seventh causes of action and summary judgment should have been granted to defendant. {Schwartz v Public Administrator, 24 NY2d 65; Vavolizza v Krieger, 39 AD2d 446; Read v Sacco, 49 AD2d 471; Bernstein v Birch Wathen School, 71 AD2d 129, 51 NY2d 932; Drier v Randforce…
Read the full summary
POINTS OF COUNSEL I. Plaintiff-respondent had a full and fair opportunity to litigate the issues in the unemployment insurance proceedings which are determinative of the first, second, third, sixth and seventh causes of action and summary judgment should have been granted to defendant. {Schwartz v Public Administrator, 24 NY2d 65; Vavolizza v Krieger, 39 AD2d 446; Read v Sacco, 49 AD2d 471; Bernstein v Birch Wathen School, 71 AD2d 129, 51 NY2d 932; Drier v Randforce Amusement Corp., 14 Mise 2d 362, 14 AD2d 772; Matter of Evans v Monaghan, 306 NY 312; Ogino v Black, 304 NY 872; Gilberg v…
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
We are asked to decide whether the doctrine of collateral estoppel precludes this action by reason of a prior administrative determination rendered after a full hearing. While this court has previously outlined the requirements of collateral estoppel on recent , occasions, this case presents us with some aspects we have not fully addressed before.
Plaintiff, Edward Ryan, was discharged from his employ with defendant New York Telephone Company for theft of company property. Defendants Lauriano and Perrino, com*498pany security investigators, had observed Ryan removing…
2Cases cited32 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- People v. HarrisNew York Court of Appeals · 1983
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
27 more not listed; retrieve them via the Exa API.
3Cited by1,006 opinions
- Tracy v. FreshwaterCourt of Appeals for the Second Circuit · 2010
- Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
- Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
- Fletcher v. Atex, Inc.Court of Appeals for the Second Circuit · 1995
- Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
1,001 more not listed; retrieve them via the Exa API.