Cox v. Howell

Appellate Division of the Supreme Court of New York

Cox v. Howell

170 A.D.2d 1039

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 1, 1991

StatusPublished

Cited by1 cases

This text of 170 A.D.2d 1039 (Cox v. Howell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cox v. Howell, 170 A.D.2d 1039 (N.Y. Ct. App. 1991).

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Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court correctly determined that defendant is collaterally estopped from relitigating the wrongfulness of his own conduct; nevertheless, he is not precluded from litigating the issue of plaintiff’s comparative fault. Although plaintiff’s conduct was at issue in the criminal proceeding, the issue there was whether plaintiff’s conduct justified defendant’s conduct. That issue is not the same as the issue raised in this proceeding, i.e., whether plaintiff bears partial responsibility for instigating the confrontation. Whether plaintiff engaged in culpable conduct, and the relative degree of culpability between plaintiff and defendant, remain to be tried with the issue of damages (see, Jordan v Britton, 128 AD2d 315, 321-322). (Appeal from Order of Supreme Court, Monroe County, Siracuse, J.—Summary Judgment.) Present—Dillon, P. J., Denman, Balio, Lawton and Lowery, JJ.

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Order unanimously affirmed with costs. Memorandum: Supreme Court correctly determined that defendant is collaterally estopped from relitigating the wrongfulness of his own conduct; nevertheless, he is not precluded from litigating the issue of plaintiff’s comparative fault. Although plaintiff’s conduct was at issue in the criminal proceeding, the issue there was whether plaintiff’s conduct justified defendant’s conduct. That issue is not the same as the issue raised in this proceeding, i.e., whether plaintiff bears partial responsibility for instigating the confrontation. Whether plaintiff engaged in culpable conduct, and the relative degree of culpability between plaintiff and defendant, remain to be tried with the issue of damages (see, Jordan v Britton, 128 AD2d 315, 321-322). (Appeal from Order of Supreme Court, Monroe County, Siracuse, J.—Summary Judgment.) Present—Dillon, P. J., Denman, Balio, Lawton and Lowery, JJ.

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Bluebook (online)

170 A.D.2d 1039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-howell-nyappdiv-1991.

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