Summary
In Ridge, the Court of Appeals stated that the record presented to it was inadequate to determine whether the issue of the occurrence of an accident was correctly addressed and decided by the NYSWCB (see Ridge, 26 NY3d at 1069).
Summary of this case from De La Cruz v. Klaracon LLCOpinion
12-15-2015
Steven C. RIDGE, Appellant, v. Alice GOLD, et al., Defendants, Jay Braymiller, Respondent.
Gibson, McAskill & Crosby, LLP, Buffalo (Timothy J. Graber of counsel), for appellant. Sugarman Law Firm LLP, Buffalo (Carlton K. Brownell, III of counsel), for respondent.
Gibson, McAskill & Crosby, LLP, Buffalo (Timothy J. Graber of counsel), for appellant.
Sugarman Law Firm LLP, Buffalo (Carlton K. Brownell, III of counsel), for respondent.
Opinion
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11 ), judgment insofar as appealed from and order of the Appellate Division brought up for review reversed, with costs, and motion of defendant Jay Braymiller for summary judgment dismissing the complaint denied. The record is inadequate to determine, as a
matter of law, whether the issue of the occurrence of an accident was addressed and decided in the workers' compensation proceeding. Therefore, defendant Braymiller failed to meet his burden of establishing that the doctrine of collateral estoppel bars plaintiff's action against him.
Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS–SALAAM, STEIN and FAHEY concur.