Study Aids
Case Briefs Overview
Casebooks
Case Briefs
G

Gilberg v. Barbieri

53 N.Y.2d 285, 441 N.Y.S.2d 49, 423 N.E.2d 807 (1981)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Gilberg v. Barbieri

New York Court of Appeals
53 N.Y.2d 285, 441 N.Y.S.2d 49, 423 N.E.2d 807 (1981)

Facts

David Gilberg (plaintiff) was an attorney who represented the former wife of Joseph Barbieri (defendant). Gilberg and Barbieri engaged in a physical altercation after an aborted deposition of Barbieri, leading Gilberg to file a criminal information in city court accusing Barbieri of harassment. The city court conducted a short, nonjury trial. Immediately after the trial, the city court found Barbieri guilty of using physical force against Gilberg but advised Barbieri that he was not guilty of a crime but rather a violation, which was less serious than a misdemeanor. The city court sentenced Barbieri to a one-year conditional discharge. The next day, Gilberg commenced a civil suit against Barbieri for assault, in which Gilberg sought $250,000 in damages. Gilberg moved for summary judgment with respect to liability, arguing that Barbieri was collaterally estopped from denying liability due to Barbieri’s city-court harassment conviction. The trial court granted Gilberg’s motion, ruling that the city court found that Barbieri used physical force against Gilberg and that Barbieri had a full and fair opportunity to litigate that issue in the city court. The appellate division affirmed. Barbieri appealed.

Rule of Law

Issue

Holding and Reasoning (Wachtler, J.)

Dissent (Meyer, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Litigation

Key Terms

Related Videos