Gerney v. Tishman Construction Corp.’s Empirical Analysis

Citation profile

2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The law in New York is the same: Furthermore, if a party pleads guilty in a criminal proceeding, his plea is given the same preclusive effect under collateral estoppel, as if after extensive litigation, he was convicted by a jury. (Merchants Mut. Ins. Co. v. Arzillo, 98 A.D.2d 495, 504 , 472 N.Y.S.2d 97 (2nd Dep’t 1984). Thus, a guilty plea may still satisfy the requirement of identity of issues. Although there has not been actual litigation of the essential issues and elements of the crime, the issues would have been necessarily judicially determined by the plea. Therefore the criminal conviction is conclusive proof of the underlying facts in a subsequent civil action and the defendant would be estopped from defending the issue of his liability. 98 A.D.2d at 505 , 472 N.Y.S.2d 97 . In addition, a guilty plea satisfies the requirement of a full and fair opportunity to litigate. A defendant who knowingly and voluntarily pleads guilty to criminal charges has chosen' not to “avail himself of the opportunity to contest the facts underlying the charge against him” 98 A.D.2d at 506 , 472 N.Y.S.2d 97 . He must accept the consequences of his action and “should not expect the courts to look behind convictions based on such pleas in order to relieve them from adverse civil consequences which may follow. As long as the guilty plea stands, the defendant is guilty and cannot be heard to say otherwise.” 98 A.D.2d at 506 , 472 N.Y.S.2d 97 . Thus, a defendant who pleads guilty may be said to”

   1 later decision quote this exact passage · from the majority
   e.g. Nassau Suffolk Limousine Ass'n v. Jardula (In Re Jardula)

2. “He [the defendant] must accept the consequences of his action and ‘should not expect the courts to look behind convictions based on such pleas in order to relieve them from adverse civil consequences which may follow. As long as the guilty plea stands, the defendant is guilty and cannot be heard to say otherwise.’”

   1 later decision quote this exact passage · from the majority
   e.g. 837 F. Supp. 48 - Burks v. Jakubowski