37 Cited authorities

  1. Ashe v. Swenson

    397 U.S. 436 (1970)   Cited 3,343 times   12 Legal Analyses
    Holding that the Double Jeopardy Clause prevents a defendant acquitted of robbing one participant at a poker game from being prosecuted for robbing any of the other participants at the same game
  2. Ryan v. New York Tel. Co.

    62 N.Y.2d 494 (N.Y. 1984)   Cited 1,428 times
    Holding that for an issue to be deemed identical “it must be the point actually to be determined in the second action or proceeding such that a different judgment in the second would destroy or impair rights or interests established by the first.”
  3. Buechel v. Bain

    97 N.Y.2d 295 (N.Y. 2001)   Cited 570 times
    Holding that two partners at a law firm were in privity with a third partner and had had the full and fair opportunity to litigate their claims when the third partner had litigated them because their interests were "aligned" with that of the third partner, their "right to receive payments were coextensive" with the right of the third partner, and they recognized that adjudication of the third partner's claim would have "consequences for them."
  4. Kaufman v. Lilly Co.

    65 N.Y.2d 449 (N.Y. 1985)   Cited 907 times
    Recognizing that the doctrine is "based upon the general notion that it is not fair to permit a party to relitigate an issue that has already been decided against it"
  5. D'Arata v. N Y Cent. Fire Ins. Co.

    76 N.Y.2d 659 (N.Y. 1990)   Cited 565 times
    Holding that collateral estoppel is grounded on concepts of fairness and should not be rigidly or mechanically applied
  6. People v. Bachert

    69 N.Y.2d 593 (N.Y. 1987)   Cited 241 times   1 Legal Analyses
    Holding that appellate counsel ineffectiveness claims must be raised in writ of error coram nobis
  7. Water Co. v. Fire Dist

    72 N.Y.2d 147 (N.Y. 1988)   Cited 192 times
    Finding collateral estoppel inapplicable where defendant was not a party to the earlier proceeding
  8. Liss v. Trans Auto Systems, Inc.

    68 N.Y.2d 15 (N.Y. 1986)   Cited 201 times
    In Liss v. Trans Auto Systems, Inc., 68 N.Y.2d 15, 20-21, 505 N.Y.S.2d 831, 496 N.E.2d 851 (1986), the New York Court of Appeals held that the Board has primary jurisdiction regarding the availability of Workers' Compensation and plaintiff must litigate this issue before the Board.
  9. American Home Assurance Co. v. International Ins. Co.

    90 N.Y.2d 433 (N.Y. 1997)   Cited 103 times
    Explaining that the plaintiff's arguments concern "a pure question of law," meaning that "the doctrine of collateral estoppel does not preclude [the plaintiff] from litigating that issue again"
  10. Burns v. Varriale

    2007 N.Y. Slip Op. 7498 (N.Y. 2007)   Cited 57 times   1 Legal Analyses
    In Burns v Varriale (9 NY3d 207 [2007]), cited by the majority (see majority op at 4, 5), this Court was called upon to address a question entirely different from the one raised by this case.