Roddy v. Nederlander Producing Co. of America, Inc.

New York Court of Appeals

Roddy v. Nederlander Producing Co. of America, Inc.

941 N.E.2d 1155, 15 N.Y.3d 944

CourtNew York Court of Appeals

DecidedDecember 21, 2010

StatusPublished

Cited by2 cases

This text of 941 N.E.2d 1155 (Roddy v. Nederlander Producing Co. of America, Inc.) 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

Roddy v. Nederlander Producing Co. of America, Inc., 941 N.E.2d 1155, 15 N.Y.3d 944 (N.Y. 2010).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiff’s complaint as against defendants

[946]*946Nederlander Producing Company of America, Inc. and The Gershwin Theatre reinstated.

Plaintiff did not have a full and fair opportunity to litigate the issue of defendants’ negligence. The issue of defendants’ negligence was previously determined in an Appellate Division order granting defendants summary judgment on a third-party contractual indemnification claim against plaintiffs employer, third-party defendant Abhann Productions, Inc. Plaintiff had no interest in the outcome of the third-party indemnification claim. Plaintiff thus had neither incentive to litigate the motion for summary judgment nor adequate notice that the issue of defendants’ negligence could be conclusively decided against him. Under these circumstances, the law of the case doctrine does not preclude plaintiff from litigating the issue of defendants’ negligence.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiff’s complaint as against defendants

[946]*946Nederlander Producing Company of America, Inc. and The Gershwin Theatre reinstated.

Plaintiff did not have a full and fair opportunity to litigate the issue of defendants’ negligence. The issue of defendants’ negligence was previously determined in an Appellate Division order granting defendants summary judgment on a third-party contractual indemnification claim against plaintiffs employer, third-party defendant Abhann Productions, Inc. Plaintiff had no interest in the outcome of the third-party indemnification claim. Plaintiff thus had neither incentive to litigate the motion for summary judgment nor adequate notice that the issue of defendants’ negligence could be conclusively decided against him. Under these circumstances, the law of the case doctrine does not preclude plaintiff from litigating the issue of defendants’ negligence.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.

Cite This Page — Counsel Stack

Bluebook (online)

941 N.E.2d 1155, 15 N.Y.3d 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roddy-v-nederlander-producing-co-of-america-inc-ny-2010.

Opinion

Related

Cite This Page — Counsel Stack