Robert E. Hinchey, as Administrator of the Estate of John Venturini v. Orville E. Sellers, Appellants Regis J…

Summary

The New York Court of Appeals held that the New Hampshire declaratory judgment on the issue of permission was a necessary factual finding and therefore binding on the New York wrongful‑death actions under the doctrine of collateral estoppel, reversing the Appellate Division and reinstating the Special Term judgment. The Court applied New Hampshire law to the effect of the prior judgment and concluded that the parties could not relitigate the permission issue under New York Vehicle and Traffic Law. Justice Dye dissented, arguing that the two permission inquiries are distinct and that collateral estoppel should not apply.