Legal Opinion
Winter v. Roadking, Inc.
Civil Court of the City of New York
Decided April 18, 1980Published
1Opinion of the Court
OPINION OF THE COURT
Norman C. Ryp, J.
Pursuant to CPLR article 14 and section 15-108 of the General Obligations Law, plaintiff moves and third-party defendant renews its motion to dismiss the third-party complaint following a "deadlocked” jury and "mistrial” declared by the court, under CPLR 4402, prior to retrial.
For whom the liability bells Dole?
A. ISSUES
Does a 1970 pretrial settlement truly and finally release the settling parties from all subsequent, including third-party, tort liability at a 1980 trial? This precise issue appears to be one of first impression.
Specifically, does a pretrial…
2Cases cited12 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Codling v. PagliaNew York Court of Appeals · 1973
- Plath v. JustusNew York Court of Appeals · 1971
- Valentino v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Vassar v. JacksonNew York Supreme Court · 1973
7 more not listed; retrieve them via the Exa API.