Trombley v. Malloy
Opinion of the Court
Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: This action and its companion case, Malloy v Trombley (66 AD2d 1021), arise out of an automobile accident occurring on October 13, 1974 between a vehicle owned and operated by Trombley and one owned and operated by Malloy. Trombley and Malloy brought claims in the Court of Claims alleging liability of the State for injuries they sustained based on the alleged negligence of a State trooper who had been at the scene. The State counterclaimed for contribution and indemnification. After trial, both claims were dismissed. In its written decision, the court found that the State trooper had not been negligent. It further found: "With regard to the conduct of Mr. Trombley, it is clear that his violation of Vehicle & Traffic Law, section 375 (5) (standing without lights) was negligent and was a proximate cause of the accident.” With respect to Malloy, the court stated: "it is clear that the tremendous impact with which Mr. Malloy collided with the Trombley vehicle indicates that he proceeded at a high rate of speed towards the scene despite the warning lights from Trooper Britt’s car * * * Therefore, Mr. Malloy’s conduct on the night of October 13, 1974, can hardly be characterized as reasonable, and he also was chargeable with contributory negligence”. Trombley and Malloy had meanwhile commenced actions against each other in Supreme Court, Niagara County. The defendant in each action moved for summary judgment contending that by reason of the order and decision of the Court of Claims, the negligence of the plaintiff was conclusively adjudicated. Special Term denied the motions and defendants appeal. In Schwartz v Public Administrator of County of Bronx (24 NY2d 65), it was established that the two necessary requirements for the application of the doctrine of collateral estoppel are, first, that there "must be an identity of issue which has necessarily been decided in the prior action and is decisive of the present action, and, second, there must have been a full and fair opportunity to contest the decision now said to be controlling” (Schwartz v Public Administrator of County of Bronx, supra, p 71; see S. T. Grand, Inc. v City of New York, 32 NY2d 300, 304). As stated in Good Health Dairy Prods. Corp.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.