VALVERDE v. OCCAM SUY LLC

Index No. 158638/19. Appeal No. 15812. Case No. 2021-04736.

204 A.D.3d 626 (2022)

165 N.Y.S.3d 310

2022 NY Slip Op 02887

Julio Jara Valverde, Appellant, v. Occam Suy LLC et al., Respondents.

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

Decided April 28, 2022.


Attorney(s) appearing for the Case

Salerno & Goldberg, P.C., Deer Park ( Allen Goldberg of counsel), for appellant.

Fuchs Rosenzweig, PLLC, New York ( Douglas R. Rosenzweig of counsel), for respondents.

Concur—Gische, J.P., Webber, Friedman, Oing, Kennedy, JJ.


The motion court correctly granted defendants' motion for summary judgment based on the doctrine of collateral estoppel. Defendants established their prima facie entitlement to judgment as a matter of law by submitting evidence, including the decision from and transcript of the workers' compensation hearing. Defendant demonstrated that the issue resolved at the workers' compensation hearing, i.e., that plaintiff did not sustain a work-related injury or the accident did not...

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