Polesir v. All Borough Transportation Corp.

The plaintiff has had a judgment in a personal injury-action against both defendants. The corporate defendant has paid the judgment. It now asks for contribution against the individual defendant. Ordinarily it would be entitled to such contribution on motion and without separate action being brought, because both defendants have appeared in the original action. (Civ. Prac. Act, § 211-a.)

But between the individual defendant and the corporate one there had been a prior action involving property damage arising as a result of this accident. That action was settled, and the corporate defendant…