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Court of Appeals of New York


GREEN v. MONTGOMERY, USCOA 2 No. 6

By bringing a suit under 42 USC 1983 placing into question issues that were necessarily resolved by the Supreme Court in a criminal case in its decision that plaintiff recklessly endangered defendant's life, plaintiff waived any and all rights not to have those determinations held against him, and he is collaterally estopped from relitigating the criminal findings

Appellate Information

  • Decided 02/13/2001
  • Published 02/13/2001

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  • Court of Appeals of New York

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