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TOUNKARA v. FERNICOLA

63 A.D.3d 648 (2009)

BALLA TOUNKARA, Plaintiff, v. ANTHONY FERNICOLA et al., Defendants and Third-Party Plaintiffs-Appellants. CANADIAN ARCTIC BUILDERS CORP., Third-Party Defendant-Respondent.

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

Decided June 30, 2009.

A workers' compensation board judge determined that at the time of the accident, plaintiff was employed not by Canadian Arctic but by nonparty Mt. Moriah. The motion court initially decided that this administrative determination had no collateral estoppel effect on AMF's contractual indemnity claim against Canadian Arctic, and denied Canadian Arctic's motion to dismiss. Subsequently, Canadian Arctic moved to reargue on the ground that the court overlooked evidence, first...

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