Garas v. Cook, 122 A.D.3d 414 (N.Y. App. Div. 2014). · Go Syfert
Garas v. Cook, 122 A.D.3d 414 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: The People v. Anthony Berry (ny, 2016-06-14)
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discussed Cited as authority (rule) The People v. Anthony Berry (2×)
NY · 2016 · confidence medium
The Appellate Division affirmed the trial court's judgment, noting that Penal Law § 260.20 (1) "does not require a defendant to have a legal responsibility for the care or custody of the child" (People v Berry, 122 AD3d 414, 415 [1st Dept 2014]).
Retrieving the full opinion text from the archive…
Amgad S. Garas, Appellant,
v.
James Cook, III, Et Al., Respondents
13406 20175/06.
Appellate Division of the Supreme Court of the State of New York.
Nov 6, 2014.
122 A.D.3d 414
Mazzarelli, Acosta, Degrasse, Clark.
Published

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered May 2, 2013, which granted defendants’ motion for summary judgment dismissing the complaint on the ground that it is barred by collateral estoppel, unanimously affirmed, without costs.

The court properly found that plaintiff Garas’s claim against defendants is barred by collateral estoppel (see Kaufman v Eli Lilly & Co., 65 NY2d 449, 455 [1985]; Schwartz v Public Adm’r of County of Bronx, 24 NY2d 65, 72 [1969]). The record demonstrates that Garas was afforded a full and fair opportunity to contest the issue of defendant Cook’s alleged negligence in the occurrence of the subject accident, in both the New Jersey Superior Court action, in which the court granted these defendants summary judgment, finding that Garas’s actions were the sole proximate cause of the accident, and in the Department of Motor Vehicle administrative hearing, in which the Administrative Law Judge came to the same conclusion.

We have considered plaintiffs remaining arguments and find them unavailing.

Concur — Mazzarelli, J.E, Acosta, DeGrasse and Clark, JJ.