Tornay v. Griffin

Appellate Division of the Supreme Court of New York

Tornay v. Griffin

178 A.D.2d 967

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

DecidedDecember 26, 1991

DocketAction No. 1; Action No. 2

StatusPublished

This text of 178 A.D.2d 967 (Tornay v. Griffin) 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.

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Tornay v. Griffin, 178 A.D.2d 967 (N.Y. Ct. App. 1991).

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Opinion

— Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in granting plaintiff’s cross motion for summary judgment on the issue of defendant Griffin’s liability. The court properly invoked the doctrine of collateral estoppel to preclude defendant Griffin from relitigating the issue of his liability based upon his prior criminal conviction (see, Kramer v Griffin, 156 AD2d 973). Finally, we note that although it is not a subject of this appeal, we are unable to conclude, as a matter of law, that plaintiffs decedent did not engage in any culpable conduct (cf, Kramer v Griffin, supra). (Appeal from Order of Supreme Court, Monroe County, Cornelius, J. — Summary Judgment.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.

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— Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in granting plaintiff’s cross motion for summary judgment on the issue of defendant Griffin’s liability. The court properly invoked the doctrine of collateral estoppel to preclude defendant Griffin from relitigating the issue of his liability based upon his prior criminal conviction (see, Kramer v Griffin, 156 AD2d 973). Finally, we note that although it is not a subject of this appeal, we are unable to conclude, as a matter of law, that plaintiffs decedent did not engage in any culpable conduct (cf, Kramer v Griffin, supra). (Appeal from Order of Supreme Court, Monroe County, Cornelius, J. — Summary Judgment.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.

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178 A.D.2d 967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tornay-v-griffin-nyappdiv-1991.

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