Issue Preclusion Halts Seneca Tribe’s Thruway Easement Suit, Magistrate Says

Mealey's (January 2, 2019, 11:05 AM EST) -- BUFFALO, N.Y. — An Indian tribe’s latest challenge to a 1954 easement across its reservation for the New York State Thruway is barred by collateral estoppel based on a Second Circuit U.S. Court of Appeals holding that the state holds a valid permanent easement, a federal magistrate judge decided Dec. 19 in recommending dismissal of the tribe’s suit (Seneca Nation v. Andrew Cuomo, et al., No. 1:18-cv-429, W.D. N.Y., 2018 U.S. Dist. LEXIS 214028)....