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Auqui v. Seven Thirty One Ltd. Partnership, 2013 NY Slip Op 950

Articles Discussing Case:

New York’s Highest Court Grants Rare Reargument of Prior Ruling in Workers’ Compensation Case

Goldberg Segalla LLP • July 02, 2013
In an extremely rare decision, the New York State Court of Appeals has granted reargument. In Auqui v. Seven Thirty One Ltd. Partnership, the court granted reargument of its prior ruling that granted the defendants’ motion to preclude plaintiffs from litigating the issue of the injured plaintiff’s accident-related disability based upon a prior ruling by the Workers’ Compensation Board (WCB).

Major Victory for Personal Injury Defendants Adds Leverage for Workers’ Comp Defense

Goldberg Segalla LLP • March 29, 2013
In a recent decision with profound implications for defending workers’ compensation claims in New York, the Court of Appeals reversed the First Department and held that the doctrine of collateral estoppel bars a plaintiff from litigating duration of disability in New York State Supreme Court when the plaintiff previously litigated the same issue to a full and final decision as a claimant in a corresponding matter before the Workers’ Compensation Board (WCB).