· 1/6/1943
Brown v. Merton
Citations
- 265 A.D. 1020
- 39 N.Y.S.2d 624
- 1943 N.Y. App. Div. LEXIS 6661
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that conviction for harassment in the second degree did not have collateral estoppel effect in a subsequent civil action
- noting that effectiveness of counsel is one of nine factors to be considered in determining the full and fair opportunity to litigate
- explaining that, as a matter of history and necessity, collateral estoppel “can never be rigidly or mechanically applied” (collecting cases)
- applying collateral estoppel against defendants based on findings made in prior action in which they were also defendants
- permitting preclusion in such circumstances could ultimately frustrate the purposes of collateral estoppel
- describing how “violations” are “petty infractions below the grade of a misdemeanor”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.