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.