CHURCH v. NEW YORK STATE THRUWAY AUTHORITY


16 A.D.3d 808 (2005)

791 N.Y.S.2d 676

NED S. CHURCH, an Infant, by WENDY SMITH, His Guardian ad Litem, et al., Respondents, v. NEW YORK STATE THRUWAY AUTHORITY, Appellant.

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

March 10, 2005.


In this case, the sole issue before us is whether a jury verdict on damages that was not reflected in the final judgment entered in a prior related Supreme Court action, due to this Court's dismissal of the complaint upon an interlocutory appeal, collaterally estops claimants from relitigating the issue of damages in this Court of Claims action. We hold that it does not.

Claimant Ned S. Church, then nine years old, was rendered a quadriplegic as a result of a 1992...

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