New York Court of Appeals, 1983

Brown v. City of New York

New York Court of Appeals · Decided November 23, 1983

60 N.Y.2d 897; 458 N.E.2d 1250; 470 N.Y.S.2d 573; 1983 N.Y. LEXIS 3550

Cases that cite this one

29 later published cases cite this decision. The 25 that cite it most often are listed here.

Jenkins v. City Of New York (2d Cir. 2007)
Jenkins v. City of New York (2d Cir. 2007)
People v. Batista (New York Supreme Court 1993)
Marcos Poventud v. City of New York (2d Cir. 2014)
Nnebe Ex Rel. Amin v. Daus (2d Cir. 2011)
Nnebe v. Daus (2d Cir. 2011)
Laboy v. Ontario County (District Court, W.D. New York 2015)
Claudio v. City of New York (District Court, S.D. New York 2006)
City of New York v. Beretta U.S.A. Corp. (District Court, E.D. New York 2004)
Kinslow v. Ratzlaff (10th Cir. 1998)
Nnebe v. Daus (2d Cir. 2011)
Nnebe v. Daus (2d Cir. 2011)
Warner v. City of New York (Appellate Division of the Supreme Court of New York 2008)
MATTER OF JUAN C. v. Cortines (N.Y. 1997)
Nelson v. Dufficy (Appellate Division of the Supreme Court of New York 1984)
The Matter of Luis Jaime v. City of New York , The Matter of Adan Orozco v. City of New York (N.Y. 2024)
Morris v. City of Buffalo (Appellate Division of the Supreme Court of New York 2017)
City of New York v. College Point Sports Ass'n (Appellate Division of the Supreme Court of New York 2009)
37-01 31st Avenue Realty Corp. v. Safed (Civil Court of the City of New York 2008)
Van Wie v. Kirk (Appellate Division of the Supreme Court of New York 1998)
Woods v. Candela (District Court, S.D. New York 1996)
Taveras v. City of New York (Appellate Division of the Supreme Court of New York 1995)
Saccoccio v. Lange (Appellate Division of the Supreme Court of New York 1993)
People v. Trucchio (New York Supreme Court 1993)
People v. Roselle (New York County Courts 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division appealed from and the prior order of that court brought up for review should be reversed, with costs, and the May 12, 1980 order of Supreme Court, Queens County, reinstated.

It was error for the Appellate Division to have applied issue preclusion against defendant City of New York in this civil action for false arrest, false imprisonment and assault based on the dismissal of a criminal charge against defendant for resisting arrest which was prosecuted by the Queens County District Attorney. Identity of parties, an essential element for application of the doctrine of issue preclusion or collateral estoppel, was lacking here so that the determination made in the criminal case on the issue of the unlawfulness of plaintiff’s arrest could not be held to bar the city from contesting the issue in the civil action. The city and the District Attorney are separate entities and, unlike the situation in People ex rel. Dowdy v Smith *899(48 NY2d 477, 482), do not stand in sufficient relationship to apply the doctrine.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order appealed from and order brought up for review reversed, with costs, and the May 12, 1980 order of Supreme Court, Queens County, reinstated in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.