Practice point: The claim in the wrongful death action at issue here did not arise from the same or related transactions as the claim in the Surrogate's Court turnover proceeding. Thus, the remaining claim for conscious pain and suffering in the wrongful death action is not barred by the principle of res judicata.
Student note: Similarly, that remaining claim is not barred by the principle of collateral estoppel because the issues raised in the claim were not addressed, either in theory or in fact, in the Surrogate's Court proceeding.
Case: Lind v. Greenspan, NY Slip Op 08404 (1st Dept. 2012).
Here is the decision.
Tomorrow’s issue: Pleading fraud with particularity, and punitive damages.
