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Defendant Can Assert Collateral Estoppel Defense

Thursday, October 29, 2020 | 247 | 0 | 131 min read

A New York appellate court ruled that the defendant in a civil suit should have been allowed to amend its answer to assert a collateral estoppel defense based on a decision by the Workers’ Compensation Board. Case: Rodriguez v. Extell W. 57th Street LLC, No. 300786/14, 10/22/2020, published. Facts and procedural history: Tommy Rodriguez filed a personal injury suit against Extell W. 57th Street LLC. Extell moved to amend its answer and add an affirmative defense based on the doctrine of collateral estoppel, which precludes the relitigation of issues that have ...

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