New York Court of Appeals
City of New York, Appellant v. Welsbach Electric Corp., Respondent, Defendant
October 23, 20079 N.Y.3d 124
Summary
The New York Court of Appeals reversed the Appellate Division, holding that neither res judicata nor collateral estoppel bars the City of New York’s indemnification action against Welsbach Electric Corp. because the City never litigated a claim against Welsbach in the prior Angerome action and the issues of Welsbach’s liability were never decided.