Stookey v. State

Appellate Division of the Supreme Court of New York

Stookey v. State

18 A.D.2d 959, 238 N.Y.S.2d 171, 1963 N.Y. App. Div. LEXIS 4337

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

DecidedFebruary 21, 1963

DocketClaim No. 37341; Claim No. 37252

StatusPublished

This text of 18 A.D.2d 959 (Stookey v. State) 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

Stookey v. State, 18 A.D.2d 959, 238 N.Y.S.2d 171, 1963 N.Y. App. Div. LEXIS 4337 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order unanimously Order unanimouslyreversed on the law, with costs to appellant to abide the event. Memorandum: The Court of Claims erred in dismissing the claim on the ground of res judicata. The identity of issues was not adequately established and therefore collateral estoppel does not apply. (Israel v. Wood Dolson Co., 1 N Y 2d 116, 119.) (Appeal from an order of the Court of Claims, granting the motion of the defendant dismissing the actions on the ground that the issue of negligence was res judicata.) Present — Williams, P. J., Goldman, Halpern, MeClusky and Henry, JJ.

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Order unanimously Order unanimouslyreversed on the law, with costs to appellant to abide the event. Memorandum: The Court of Claims erred in dismissing the claim on the ground of res judicata. The identity of issues was not adequately established and therefore collateral estoppel does not apply. (Israel v. Wood Dolson Co., 1 N Y 2d 116, 119.) (Appeal from an order of the Court of Claims, granting the motion of the defendant dismissing the actions on the ground that the issue of negligence was res judicata.) Present — Williams, P. J., Goldman, Halpern, MeClusky and Henry, JJ.

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Bluebook (online)

18 A.D.2d 959, 238 N.Y.S.2d 171, 1963 N.Y. App. Div. LEXIS 4337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stookey-v-state-nyappdiv-1963.