Williams v. Hearburg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from a judgment of the Supreme Court (Dwyer, Jr., J.H.O.), entered September 11, 1996 in Albany County, upon a verdict rendered in favor of plaintiff.
At the conclusion of the trial of this negligence action, the jury apportioned liability at 85% for plaintiff and 15% for defendants and awarded plaintiff $47,500, including $40,000 for lost wages. Defendants paid the resulting $9,476.65 judgment and obtained a satisfaction of judgment from plaintiff. Plaintiff now appeals.
Inasmuch as the general rule is that a party may not appeal *795where he or she has accepted the benefits of a judgment…
2Cases cited8 opinions
- Cornell v. T. V. Development Corp.New York Court of Appeals · 1966
- Roffey v. RoffeyAppellate Division of the Supreme Court of the State of New York · 1995
- Matter of Silverman (Hoe & Co.)New York Court of Appeals · 1953
- Cochran v. A/H BATTERY ASSOCIATESDistrict Court, S.D. New York · 1995
- Relyea v. StateAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by5 opinions
- Kriesel v. May Department Stores Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Webber v. WebberAppellate Division of the Supreme Court of the State of New York · 2016
- Estate of Savage v. KredentserAppellate Division of the Supreme Court of the State of New York · 2018
- WEBBER, RAYMOND T. v. WEBBER, LEEAppellate Division of the Supreme Court of the State of New York · 2016
- Webber v. WebberAppellate Division of the Supreme Court of the State of New York · 2016