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Brugman v. City of New York

478 N.E.2d 195, 64 N.Y.2d 1011, 489 N.Y.S.2d 54, 1985 N.Y. LEXIS 16692
CourtNew York Court of Appeals
DecidedMarch 28, 1985
StatusPublished
Cited by14 cases

This text of 478 N.E.2d 195 (Brugman v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brugman v. City of New York, 478 N.E.2d 195, 64 N.Y.2d 1011, 489 N.Y.S.2d 54, 1985 N.Y. LEXIS 16692 (N.Y. 1985).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We need not decide whether the proceedings before the Medical Board warrant a departure from the general rule of issue preclusion. The plaintiff had a full and fair opportunity to be heard. He had no occasion for cross-examination; his was the only evidence before the board. He admitted on argument that he had no other evidence to present and was unaware of any evidence that might be discoverable. The issue of the cause of his medical condition is thus precluded by the board’s determination.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Lynch

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Bluebook (online)
478 N.E.2d 195, 64 N.Y.2d 1011, 489 N.Y.S.2d 54, 1985 N.Y. LEXIS 16692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brugman-v-city-of-new-york-ny-1985.