New York Court of Appeals

Anthony O'Connor v. G&R Packing Co.

June 18, 198153 N.Y.2d 278

Summary

The Court of Appeals affirmed the Appellate Division, holding that the prior dismissal of the railroad suit did not preclude relitigation of contributory negligence against G&R Packing Co. because the earlier ruling was a legal conclusion, not a specific factual finding. Accordingly, summary judgment was denied as genuine issues of fact on contributory negligence remain.