Legal Opinion
Fox v. Western New York Motor Lines, Inc.
New York Court of Appeals
Decided November 17, 1931PublishedCited by 112 opinions
1Opinion of the CourtCrane, J.
The Appellate Division, following its previous decision in Haines v. Bero Engineering Construction Corp. (230 App. Div. 332), has held that under section 211-a of the Civil Practice Act a defendant in a negligence action may bring in on his motion a joint tort feasor not made a party to the action by the plaintiff. While appreciating the force of the argument and the sentiments expressed in the opinions of that court, yet we find it impossible to sustain the ruling; it is contrary to the wording and purposes of the statute. Section 193, subdivision 2, reads as follows:
“ 2. Where any party to…
2Cases cited4 opinions
- Price v. RyanNew York Court of Appeals · 1930
- Haines v. Bero Engineering Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1930
- Deuscher v. CammeranoNew York Court of Appeals · 1931
- Greenhouse v. Rochester Taxicab Co.Appellate Division of the Supreme Court of the State of New York · 1926
3Cited by112 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
- D'Ambrosio v. City of New YorkNew York Court of Appeals · 1982
- Rock v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1976
- Brown v. CranstonCourt of Appeals for the Second Circuit · 1942
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