O'CONNOR v. G & R PACKING CO.


53 N.Y.2d 278 (1981)

Anthony O'Connor et al., Respondents, v. G & R Packing Co., Appellant.

Court of Appeals of the State of New York.

Decided June 18, 1981.


Attorney(s) appearing for the Case

William F. McNulty and Anthony J. McNulty for appellant.

Emilio Nunez for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

Issue preclusion is available to protect a defendant who was not a party to an earlier lawsuit from the relitigation of an issue considered alternatively in the prior trial only when it is clear that the prior determination squarely addressed and specifically decided the issue. On the record before us it cannot be said that contributory negligence, which would bar plaintiffs' recovery in the instant...

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