Ridge v Gold

Ridge v Gold 2015 NY Slip Op 09191 Decided on December 15, 2015 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 15, 2015
No. 213 SSM 28

[*1]Steven C. Ridge, Appellant,

v

Alice Gold, et al., Defendants, Jay Braymiller, Respondent.

Submitted by Timothy J. Graber, for appellant.

Submitted by Carlton K. Brownell, III, for respondent.

On review of submissions pursuant to section 500.11 of the Rules, judgment insofar as appealed from and order of the Appellate Division brought up for review reversed, with costs, and motion of defendant Jay Braymiller for summary judgment dismissing the complaint denied. The record is inadequate to determine, as a matter of law, whether the issue of the occurrence of an accident was addressed and decided in the workers' compensation proceeding. Therefore, defendant Braymiller failed to meet his burden of establishing that the doctrine of collateral estoppel bars plaintiff's action against him. Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Decided December 15, 2015