Brugman v. City of New York

Full title: DENNIS BRUGMAN et al., Appellants, v. CITY OF NEW YORK et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Mar 28, 1985

64 N.Y.2d 1011 (N.Y. 1985)

489 N.Y.S.2d 54

478 N.E.2d 195

Opinion

Argued February 11, 1985

Decided March 28, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, David H. Edwards, Jr., J.

Herbert Stutman for appellants.

Lester E. Fetell for New York City Housing Authority, respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We need not decide whether the proceedings before the Medical Board warrant a departure from the general rule of issue preclusion. The plaintiff had a full and fair opportunity to be heard. He had no occasion for cross-examination; his was the only evidence before the board. He admitted on argument that he had no other evidence to present and was unaware of any evidence that might be discoverable. The issue of the cause of his medical condition is thus precluded by the board's determination.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and LYNCH^_ concur; Judge ALEXANDER taking no part.

_ Designated pursuant to N Y Constitution, article VI, § 2.

Order affirmed, with costs, in a memorandum.