Legal Opinion
Gunkel v. Garvey
New York Supreme Court
Decided December 31, 1964PublishedCited by 10 opinions
1Opinion of the CourtJoseph A. Nevins, J.
This is a motion pursuant to CPLR 3211 to dismiss the complaint in this action upon the grounds that it is subject to the bar of collateral estoppel and that it fails to state a cause of action.
There seems to be relatively little dispute as to the important facts which underlie the complaint, at least insofar as the parties have disclosed them. There are however some notable omissions from the factual history which render the decision more difficult. It does appear however that the plaintiff was employed by the New York Central Railroad Company as a locomotive fireman beginning in 1917 and…
2Cases cited13 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
- Ford Motor Co. v. HuffmanSupreme Court of the United States · 1953
- Humphrey v. MooreSupreme Court of the United States · 1964
- Tunstall v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of the United States · 1945
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Goolsby v. City of DetroitMichigan Supreme Court · 1984
- Lowe v. Hotel & Restaurant Employees Union, Local 705Michigan Supreme Court · 1973
- Springer v. BlackSouth Dakota Supreme Court · 1994
- Symanski v. East Ramapo Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1986
- Pearl v. City of DetroitMichigan Court of Appeals · 1983
5 more not listed; retrieve them via the Exa API.