Legal Opinion · Concurring in part, dissenting in part
State v. County of Sullivan
Appellate Division of the Supreme Court of the State of New York
Decided August 12, 1976No. Appeal No. 1; Appeal No. 2Published
1Concurring in part, dissenting in partKoreman, P.J.
Although the State’s action against both the County of Sullivan and the Town of Thompson was originally brought on the theories of indemnification and contribution, it now seems agreed that the State’s action should be treated as one for contribution.
*34We agree with the majority that collateral estoppel has no application to the State’s cause of action for contribution against the County of Sullivan and Town of Thompson. Neither the county nor town was a party to the negligence action brought in the Court of Claims by the Sacks against the State. The issues litigated in that action related…
2Cases cited9 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967
- Rock v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1976
- Goines v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1958
- Gallivan v. PucelloAppellate Division of the Supreme Court of the State of New York · 1972
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