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CITY OF NEW YORK v. WELSBACH

9 N.Y.3d 124 (2007)

878 N.E.2d 966

848 N.Y.S.2d 551

CITY OF NEW YORK, Appellant, v. WELSBACH ELECTRIC CORP., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 23, 2007.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Ronald E. Sternberg, Leonard Koerner and Joshua Rubin of counsel), for appellant.

London Fischer LLP, New York City (Bernard London, Daniel Zemann, Jr., Anthony D. Capasso and Daniel W. London of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

The question before us is whether the Appellate Division erred in concluding that the plaintiff City of New York was barred by the doctrines of res judicata and collateral estoppel from maintaining its action for indemnification or contribution against defendant Welsbach Electric Corporation. We determine that these doctrines do not apply in this case and therefore reverse the...

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