Legal Opinion

Williams v. Hearburg

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 1997PublishedCited by 5 opinions

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

  1. Cornell v. T. V. Development Corp.New York Court of Appeals · 1966
  2. Roffey v. RoffeyAppellate Division of the Supreme Court of the State of New York · 1995
  3. Matter of Silverman (Hoe & Co.)New York Court of Appeals · 1953
  4. Cochran v. A/H BATTERY ASSOCIATESDistrict Court, S.D. New York · 1995
  5. Relyea v. StateAppellate Division of the Supreme Court of the State of New York · 1977

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Kriesel v. May Department Stores Co.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Webber v. WebberAppellate Division of the Supreme Court of the State of New York · 2016
  3. Estate of Savage v. KredentserAppellate Division of the Supreme Court of the State of New York · 2018
  4. WEBBER, RAYMOND T. v. WEBBER, LEEAppellate Division of the Supreme Court of the State of New York · 2016
  5. Webber v. WebberAppellate Division of the Supreme Court of the State of New York · 2016

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