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AUQUI v. SEVEN THIRTY ONE LTD

No. 212

22 N.Y.3d 246 (2013)

3 N.E.3d 682

980 N.Y.S.2d 345

2013 NY Slip Op 8192

MARIA AUQUI, as Guardian of the Property of JOSE VERDUGO, et al., Respondents, v. SEVEN THIRTY ONE LIMITED PARTNERSHIP et al., Appellants.

Court of Appeals of New York.

Decided December 10, 2013.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Richard J. Montes and Matthew W. Naparty of counsel), and Fabiani Cohen & Hall, LLP, New York City, for appellants.

Law Offices of Annette G. Hasapidis, South Salem ( Annette G. Hasapidis of counsel), and Schwartz Goldstone & Campisi, LLP, New York City (Herbert Rodriguez, Jr., of counsel), for respondents.

New York State Trial Lawyers Association, New York City (Robert Danzi of counsel), for New York State Trial Lawyers Association, amicus curiae.

Colleran , O'Hara & Mills L.L.P., Garden City ( Edward J. Groarke and Jennifer D. Weekley of counsel), for New York State AFL-CIO and others, amici curiae.

David M. Schraver, Albany, for New York State Bar Association, amicus curiae.

Pasternack , Tilker , Ziegler , Walsh, Stanton & Romano LLP, Brooklyn ( Michael K. Gruber of counsel), for Workers' Injury Law & Advocacy Group, amicus curiae.

McGaw , Alventosa & Zajac, Jericho ( Andrew Zajac , Dawn C. DeSimone , Brendan T Fitzpatrick , Seamus G. Flaherty and Jonathan T Uejio of counsel), and Brian Rayhill , Elmsford, for Defense Association of New York, Inc., amicus curiae.

Bevan , Mosca , Giuditta & Zarillo, PC., New York City ( Anthony J. Zarillo, Jr. , of counsel), for Federation of Defense and Corporate Counsel, amicus curiae.

Dennis M. Brown , County Attorney, Hauppauge ( Christopher A. Jeffreys of counsel), for County of Suffolk, amicus curiae.

McElroy , Deutsch , Mulvaney & Carpenter, LLP, New York City ( Mark A. Rosen of counsel), for Real Estate Board of New York and others, amici curiae.

Andrew Friedman, Center for Popular Democracy, Brooklyn, amicus curiae.

Magdalena Barbosa,   Jackson Heights , for Make the Road New York, amicus curiae.

Advocates for Justice, New York City (Arthur Z. Schwartz of counsel), for The Black Institute, amicus curiae.

Advocates for Justice, New York City (Arthur Z. Schwartz of counsel), for The Black Institute, amicus curiae.

Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUSALAAM concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The issue presented by this appeal is whether the determination of the Workers' Compensation Board, finding that plaintiff had no further causally-related disability and no further need for treatment, was entitled to collateral estoppel effect in plaintiff's personal injury action. We find that there is no identity of issue and that collateral estoppel therefore should...

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