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PLUNKETT v. EMERGENCY MEDICAL SERVICES CORPORATION OF NEW YORK CITY

260 A.D.2d 193 (1999)

687 N.Y.S.2d 375

DONALD PLUNKETT, Plaintiff, and JACQUELINE L. PEACO, Individually and as Administratrix of the Estate of GARY L. PEACO, Deceased, and as Parent and Natural Guardian of SOPHIA PEACO and Another, Infants, Plaintiffs-Appellants, v. EMERGENCY MEDICAL SERVICES CORPORATION OF NEW YORK CITY et al., Respondents. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Third-Party Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 8, 1999.

While plaintiffs are not collaterally estopped from litigating a General Obligations Law § 11-106 negligence claim against defendants, the issue of defendants' negligence not having been fully litigated by plaintiffs at the 1994 trial of their General Municipal Law § 205-e cause of action, leave to amend the complaint to assert a General Obligations Law § 11-106 negligence claim against defendants was nonetheless properly denied. As of October 9, 1996, the...

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