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Rodriguez v. State

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1995
221 A.D.2d 277 (N.Y. App. Div. 1995)

Opinion

November 28, 1995

Appeal from the Court of Claims, New York County (Albert Blinder, J.).


Claimant is not collaterally estopped on the issue of damages by the award of damages that was made by the jury and reduced upon claimant's stipulation in a prior action that claimant brought in Supreme Court against non-State defendants. There is no indication that the reversal of that judgment by the Court of Appeals was limited to the single issue of causation discussed in the Court's decision ( Rivera v New York City Health Hosps. Corp., 72 N.Y.2d 1021), and the second jury verdict in Supreme Court, which was against claimant on the issue of liability, never even reached the issue of damages. Accordingly, the issue of damages was not "`actually * * * determined'" in the prior action ( Kaufman v Eli Lilly Co., 65 N.Y.2d 449, 456; see, Chung v New York City Tr. Auth., 213 A.D.2d 619). However, we view the award as excessive to the extent indicated ( cf., supra).

Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Williams, JJ.


Summaries of

Rodriguez v. State

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1995
221 A.D.2d 277 (N.Y. App. Div. 1995)
Case details for

Rodriguez v. State

Case Details

Full title:MARIE O. RODRIGUEZ, Respondent, v. STATE OF NEW YORK, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 28, 1995

Citations

221 A.D.2d 277 (N.Y. App. Div. 1995)
634 N.Y.S.2d 93