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· 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).

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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.