Search for: "Buechel v. Bain"
Results 1 - 12
of 12
Sorted by Relevance
|
Sort by Date
16 Nov 2010, 2:39 am
Buechel v Bain, 535 US 1096; Mahler v Campagna, 60 AD3d 1009, 1011). [read post]
15 May 2023, 4:26 am
To apply the doctrine, “[t]here must be an identity of issue which has necessarily been decided in the prior action and is decisive of the present action, and there must have been a full and fair opportunity to contest the decision now said to be controlling” (Buechel v Bain, 97 NY2d at 303-304; see Moore v Kronick, 187 AD3d 892, 893). [read post]
30 Mar 2022, 6:08 am
(see Buechel v Bain, 97 NY2d 295, 303 [2001], cert denied 535 US 1096 [2002]). [read post]
18 Dec 2020, 3:10 am
To apply the doctrine of collateral estoppel, two requirements must be satisfied: “There must be an identity of issue which has necessarily been decided in the prior action and is decisive of the present action, and there must have been a full and fair opportunity to contest the decision now said to be controlling” (Buechel v Bain, 97 NY2d 295, 303-304 [2001]). [read post]
9 Mar 2010, 3:37 am
Under these circumstances, NYCM is not collaterally estopped from litigating the merits of the underlying action, as it was not provided "a full and fair opportunity to contest the decision now said to be controlling" (Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199, quoting Buechel v Bain, 97 NY2d 295, 304, cert denied 535 US 1096). [read post]
9 Jul 2012, 1:13 am
Bain, 97 N.Y.2d at 303). [read post]
15 Jun 2011, 2:48 am
Bain, 97 N.Y.2d at 303). [read post]
1 Jun 2020, 5:48 am
Further, the trust beneficiaries have no standing to sue regarding property that was in the trusts (see Matter of Larchmont Pancake House v Board of Assessors and/or Assessors of the Town of Mamaroneck, 33 NY3d 228, 240 [2019]; Buechel v Bain, 275 AD2d 65, 65 [1st Dept 2000]). [read post]
26 Dec 2018, 4:31 am
Thus, the two elements necessary to invoke collateral estoppel are “an identity of issue which has necessarily been decided in the prior action and is decisive of the present action” and “a full and fair opportunity to contest the decision now said to be controlling” (Buechel v Bain, 97 NY2d 295, 303-304 [200 I], cert denied 535 US 1096 [2002] [internal citation omitted]). [read post]
13 Sep 2023, 5:25 am
“Collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue raised in a prior action or proceeding and decided against that party or those in privity” (Buechel v Bain, 97 NY2d 295, 303 [2001], cert denied 535 US 1096 [2002]). [read post]
24 Jan 2008, 4:03 am
Buechel v Bain, 97 NY2d 295, 303-04 (2001). [read post]
