Recent win in the Appellate Division for Brian Lee: Appellate Division Affirms Collateral Estoppel Dismissal for Person Guardian in Case of First Impression

Moulton-Barrett vs Care Manage for All, LLC.  — A.D.3d —, 2023 WL 8458711 (3d Dep’t 2023).  In a case of first impression in New York, the Appellate Division, Third Department affirmed the dismissal of the action, finding that the decision of the Supreme Court in a discharge proceeding for a guardian of the person of the decedent, collaterally estopped the plaintiff from raising the same issues in a subsequent action for wrongful death, professional malpractice and breach of fiduciary duties.  The issues collaterally estopped included the claimed negligence of the guardian, specifically, that in challenging bills submitted for treatment, and losing that challenge, the plaintiff was precluded from bringing claims of professional negligence against the guardian in the new action.