Hart v. American Airlines, Inc.,

61 Misc.2d 41, 304 N.Y.S.2d 810 (1969)

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Nature of the Case

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Facts

An airplane flown by American Airlines, Inc. (D) crashed resulting in death and destruction. The plane’s route was from New York to Kentucky. Various actions were brought in many state and federal courts. D lost the first trial in Texas wherein D was found guilty, and that verdict was affirmed on appeal. Hart (P) moved for a summary judgment on the issue of liability in their suit in New York. There is no dispute that the issue of liability in this action is the same as was tried in Texas. P attempted to invoke the doctrine of collateral estoppel to maintain its position. D opposed the motion on grounds of Full Faith and Credit and mutuality.