Legal Opinion

Cooney v. Osgood Machinery, Inc.

New York Court of Appeals

Decided March 25, 1993PublishedCited by 300 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

The issue on this appeal is whether a Missouri statute barring contribution claims against an employer — which conflicts with New York law permitting such claims — should be given effect in a third-party action pending here. Applying relevant choice of law principles, we conclude that the Missouri workers’ compensation statute should be given effect, and therefore affirm the dismissal of the third-party complaint seeking contribution against a Missouri employer.

I

The facts relevant to this appeal are essentially undisputed. In 1957 or 1958, Kling Brothers,…

2Cases cited19 opinions

  1. Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
  2. Babcock v. JacksonNew York Court of Appeals · 1963
  3. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  4. Allstate Insurance v. HagueSupreme Court of the United States · 1981
  5. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992

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3Cited by300 opinions

  1. Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
  2. Lino Celle and Radio Mindanao Network Usa, Inc. v. Filipino Reporter Enterprises Inc. And Libertito PelayoCourt of Appeals for the Second Circuit · 2000
  3. Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
  4. Curley v. AMR Corp.Court of Appeals for the Second Circuit · 1998
  5. In re the Arbitration between Allstate Insurance & StolarzNew York Court of Appeals · 1993

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