Legal Opinion
Epstein v. National Transportation Co.
New York Court of Appeals
Decided March 5, 1942PublishedCited by 9 opinions
1Opinion of the CourtLewis, J.
At common law contribution between joint tort feasors was not enforceable by action either in law or in equity. Recognizing the harshness of that rule, the Legislature enacted section 211-a of the Civil Practice Act (L. 1928, ch. 714), which permits contribution where a money judgment has been recovered jointly against two or more joint tort feasors and has been paid by one, either in part or in full. (Ward v. Iroquois Gas Corp., 258 N. Y. 124, 127, 128.)
The statute provides:
“ § 211-a. Action by one joint tort-feasor against another. Where a money judgment has been recovered jointly against…
2Cases cited5 opinions
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Ward v. Iroquois Gas Corp.New York Court of Appeals · 1932
- Price v. RyanNew York Court of Appeals · 1930
- Neenan v. Woodside Astoria Transportation Co.New York Court of Appeals · 1933
- Jones v. H. Freeman, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
3Cited by9 opinions
- Bata v. BataNew York Court of Appeals · 1952
- Guy F. Atkinson Co. v. ConsaniCalifornia Court of Appeal · 1963
- Baidach v. TogutNew York Court of Appeals · 1959
- Neiman-Marcus Co. v. LaitDistrict Court, S.D. New York · 1953
- Ordway v. WhiteAppellate Division of the Supreme Court of the State of New York · 1961
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