Bundy v. City of New York

The determination of the majority disregards the plain terms of CPLR 1401 and the proper effect of the adjudications which are binding upon the parties.

The judgment herein in favor of the plaintiff was rendered against the four defendants jointly. Under the general rule, the amount of the judgment is to be “ divided by the number of defendants against whom it is recovered”. (2 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 1401.07.) Therefore, except as equitable considerations or as determinations on cross or third-party claims may justify a different result, the City, Consolidated Edison,…