Search for: "Simmons v. Trans Express Inc." Results 1 - 5 of 5
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16 Mar 2023, 6:00 am by Public Employment Law Press
" Citing Simmons v Trans Express Inc., 37 NY3d 107, the Appellate Division observed that notwithstanding the fact that Plaintiffs, as retirees, were not involved in the two underlying arbitrations, "the identity of parties is not an element of this doctrine". [read post]
16 Mar 2023, 6:00 am by Public Employment Law Press
" Citing Simmons v Trans Express Inc., 37 NY3d 107, the Appellate Division observed that notwithstanding the fact that Plaintiffs, as retirees, were not involved in the two underlying arbitrations, "the identity of parties is not an element of this doctrine". [read post]
9 Feb 2024, 4:54 am by Andrew Lavoott Bluestone
The doctrine applies “where the issue in the second action is identical to an issue which was raised, necessarily decided and material in the first action, and the party who is being estopped had a full and fair opportunity to litigate the issue in the earlier action” (Simmons v Trans Express Inc., 37 NY3d 107, 112 [2021] [internal quotation marks and citation omitted]; see Matter of Molnar v JRL S. [read post]