Legal Opinion

Schwartz v. Public Administrator

New York Court of Appeals

Decided February 20, 1969PublishedCited by 760 opinions

1Opinion of the CourtKeating, J.

Three cases come to us presenting a common and significant question of procedural law: Should a judgment in favor of a passenger in an action against the operators of two colliding vehicles give rise to an estoppel, which would bar a subsequent action by one of the drivers against the other for his own personal injuries or property damage? To put the issue in terms of legal precedent, should Glaser v. Huette (232 App. Div. 119, affd. 256 N. Y. 686) be overruled? We conclude -that the need for a “ prompt and nonrepetitious judicial system ” and our recent decisions have so undermined the…

2Cases cited13 opinions

  1. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  2. Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
  3. Teitelbaum Furs, Inc. v. Dominion Ins. Co., Ltd.California Supreme Court · 1962
  4. Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
  5. B. R. DeWitt, Inc. v. HallNew York Court of Appeals · 1967

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3Cited by760 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
  3. Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
  4. Christopher J. Farrell v. Corey Burke and Gregory Freeman, Docket No. 05-0169 CvCourt of Appeals for the Second Circuit · 2006
  5. Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.New York Court of Appeals · 1980

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