§Why CasetextPricing

Maria Auqui,, et al., Respondents,v.Seven Thirty One Limited Partnership, et al., Appellants.

Brief

9 Cited authorities

  1. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,230 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

  2. University of Tennessee v. Elliott

    478 U.S. 788 (1986)   Cited 1,151 times   5 Legal Analyses
    Holding that when a state agency acts in a judicial capacity, its factfinding is afforded the same preclusive effect as a state court's

  3. Kaufman v. Lilly Co.

    65 N.Y.2d 449 (N.Y. 1985)   Cited 996 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"

  4. Liss v. Trans Auto Systems, Inc.

    68 N.Y.2d 15 (N.Y. 1986)   Cited 218 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.

  5. Werner v. State of New York

    53 N.Y.2d 346 (N.Y. 1981)   Cited 85 times   1 Legal Analyses
    Holding that " claimant who applies for, is awarded and accepts workers' compensation . . . benefits is barred by the exclusive remedy and finality provisions of the Workers' Compensation Law from maintaining a [judicial] action against [his employer] for intentional assault."

  6. O'Connor v. Midiria

    55 N.Y.2d 538 (N.Y. 1982)   Cited 53 times
    In O'Connor we also dismissed an action against a supervisory employee of the same employer, who was not himself accused of intentional misconduct, but was sued on the theory that he knew of the offender's "propensity" for such misconduct (55 NY2d at 540).

  7. Auqui v. Seven Thirty One Ltd. P'ship

    2013 N.Y. Slip Op. 950 (N.Y. 2013)   Cited 11 times

    2013-02-14 Maria AUQUI, as Guardian of the Property of Jose Verdugo, et al., Respondents, v. SEVEN THIRTY ONE LIMITED PARTNERSHIP et al., Appellants. Mauro Lilling Naparty LLP, Woodbury (Matthew W. Naparty and Richard J. Montes, of counsel), for appellants. Law Offices of Annette G. Hasapidis, South Salem (Annette G. Hasapidis of counsel), and Schwartz, Goldstone & Campisi, LLP, New York City (Herbert Rodriguez, Jr., of counsel), for respondents. Mauro Lilling Naparty LLP, Woodbury (Matthew W. Naparty

  8. Harrington v. L.C. Whitford Company

    302 A.D.2d 645 (N.Y. App. Div. 2003)   Cited 12 times

    91854 February 6, 2003. Appeal from a decision of the Workers' Compensation Board, filed August 7, 2001, which ruled that claimant was permanently and totally disabled. Wolff, Goodrich Goldman L.L.P., Syracuse (Edward M. Brown of counsel), for L.C. Whitford Company, Inc., and another, appellants. Smith, Sovik, Kendrick Sugnet, Syracuse (Thomas N. Kaufmann of counsel), for Raymond Harrington, respondent. Eliot Spitzer, Attorney General, New York City (Howard B. Friedland of counsel), for Workers'

  9. In re Liberty Travel, Inc.

    83 A.D.3d 1169 (N.Y. App. Div. 2011)

    No. 510109. April 7, 2011. Stein, J. Appeal from a decision of the Workers' Compensation Board, filed October 1, 2009, which, among other things, ruled that the exacerbation of claimant's preexisting chronic obstructive pulmonary disease was temporary. Law Office of Lisa Azzato, Hauppauge (Lisa A. Azzato of counsel), for appellant. Stewart, Greenblatt, Manning Baez, Syosset (Anthony E. Pizza of counsel), for Liberty Travel, Inc. and another, respondents. Before: Mercure, J.P., Peters, Malone Jr.