Thiebeau v. Wahl

Appellate Division of the Supreme Court of New York

Thiebeau v. Wahl

91 A.D.2d 869, 458 N.Y.S.2d 371, 1982 N.Y. App. Div. LEXIS 19792

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

DecidedDecember 17, 1982

StatusPublished

Cited by1 cases

This text of 91 A.D.2d 869 (Thiebeau v. Wahl) 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

Thiebeau v. Wahl, 91 A.D.2d 869, 458 N.Y.S.2d 371, 1982 N.Y. App. Div. LEXIS 19792 (N.Y. Ct. App. 1982).

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Opinion

— Judgment unanimously reversed, without costs, and matter remitted to Supreme Court, Jefferson County, for a new trial, in accordance with the following memorandum: It was error for the trial court to give res judicata effect to an advisory opinion improvidently rendered by the Judge presiding over a pretrial conference. Respondent concedes that it was the understanding of the parties that the Judge’s pretrial opinion, contained in a letter, was nonbinding and merely in furtherance of settlement. Since a critical issue was involved, it was error for the trial court to decline deciding that issue on the proof. (Appeal from judgment of Supreme Court, Jefferson County, Inglehart, J. — property damage.) Present — Simons, J. P., Hancock, Jr., Callahan, Denman and Schnepp, JJ.

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— Judgment unanimously reversed, without costs, and matter remitted to Supreme Court, Jefferson County, for a new trial, in accordance with the following memorandum: It was error for the trial court to give res judicata effect to an advisory opinion improvidently rendered by the Judge presiding over a pretrial conference. Respondent concedes that it was the understanding of the parties that the Judge’s pretrial opinion, contained in a letter, was nonbinding and merely in furtherance of settlement. Since a critical issue was involved, it was error for the trial court to decline deciding that issue on the proof. (Appeal from judgment of Supreme Court, Jefferson County, Inglehart, J. — property damage.) Present — Simons, J. P., Hancock, Jr., Callahan, Denman and Schnepp, JJ.

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Bluebook (online)

91 A.D.2d 869, 458 N.Y.S.2d 371, 1982 N.Y. App. Div. LEXIS 19792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thiebeau-v-wahl-nyappdiv-1982.

Opinion

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