Legal Opinion · Concurring in part, dissenting in part
Launders v. Steinberg
Appellate Division of the Supreme Court of the State of New York
Decided January 16, 2007Published
1Concurring in part, dissenting in part
McGuire, J. (concurring in part and dissenting in part).
I respectfully disagree with the majority in three respects. First, the October 10, 1989 order awarding summary judgment against appellant on the fifth, sixth and seventh causes of action on the basis of collateral estoppel was erroneous in part. That is, although appellant’s earlier criminal conviction for manslaughter in the first degree conclusively established that appellant had caused the death of Lisa Steinberg by acts of commission and omission on November 1 and 2, 1987, the jury’s verdict did not reflect any necessary finding…
2Cases cited28 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Cooper Industries, Inc. v. Leatherman Tool Group, Inc.Supreme Court of the United States · 2001
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