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WATER CO. v. FIRE DIST.

72 N.Y.2d 147 (1988)

Staatsburg Water Company, Respondent, v. Staatsburg Fire District, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1988.

Attorney(s) appearing for the Case

Valentino T. Sammarco and Bernard Kessler for appellant.

Howard J. Read and Kevin R. Brocks for respondent.

Robert A. Simpson and Marilyn Mann Faulkner for New York State Public Service Commission, amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

While this action was pending in Supreme Court, the Public Service Commission (PSC) conducted a public hearing and issued a determination purporting to resolve the underlying controversy in plaintiff's favor. The primary question presented by this appeal is whether, pursuant to principles of issue preclusion, the PSC's determination is binding upon defendant in this action. We hold that...

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