BRENNAN v. STATE OF N. Y.


64 Misc.2d 213 (1970)

Beverly E. Brennan, as Administratrix of The Estate of Kyran J. Brennan, Jr., Deceased, Claimant, v. State of New York, Defendant. (Claim No. 39467.)

Court of Claims.

October 9, 1970


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Raymond La Scala, Daniel J. Coughlin and James A. Doherty of counsel), for defendant. John P. Schofield and Richard A. Dienst for claimant.


SIDNEY SQUIRE, J.

As this case was being reached for trial, the defendant moved for an order granting summary judgment in its favor because "the Doctrine of Collateral Estoppel applies". In opposition, the claimant maintains that this legal principle cannot be used effectively as a sword against her right to a trial of the issues herein.

The movant's posture is predicated on a judgment of the Supreme...

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