Plaintiff was stuck in an elevator in the building where he worked as a porter. Against the building's superintendent's express directions, plaintiff climbed out of the elevator and was injured when the elevator began to move again. Plaintiff was terminated and, at an unemployment hearing, it was determined that plaintiff had been fired for misconduct in disobeying his building superintendent's direct order. That finding did not preclude plaintiff's suing for his injuries, though, according to the First Department, in Pelzer v. Transel Elevator & Electric, which was decided on June 28, 2007. The court noted that administrative agency determinations are binding in subsequent legal actions for purposes of issue preclusion, but only as to the precise issues which the agency decided. Here, the agency's finding was limited to the matter of plaintiff's misconduct, and did not address the issues of sole proximate cause and assumption of risk, which were pivotal to the subsequent lawsuit.