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LIND v. GREENSPAN

8713, 112223/06.

101 A.D.3d 428 (2012)

954 N.Y.S.2d 452

2012 NY Slip Op 8404

KAREN LIND et al., as Preliminary Executors of EZRA M. GREENSPAN, Also Known as EZRA GREENSPAN, Deceased, et al., Respondents, v. EDITH WOLF GREENSPAN, Appellant, et al., Defendant.

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

December 6, 2012.

The claim in the wrongful death action at issue here did not arise from the same or related transactions as the claim in the Surrogate's Court turnover proceeding. Thus, the remaining claim for conscious pain and suffering in the wrongful death action is not barred by the principle of res judicata (Xiao Yang Chen v Fischer, 6 N.Y.3d 94, 100 [2005]). Similarly, that remaining claim is not barred by the principle of collateral estoppel...

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