Legal Opinion

Makeun v. State

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

Decided January 16, 1984PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Gibbons, J.

The primary issue to be resolved on this appeal is whether a defendant tort-feasor who settles with the plaintiff after a jury verdict of negligence but prior to an adjudication as to damages may be entitled to contribution against another tort-feasor. Our conclusion is that contribution in such circumstances is not permitted under the current statutory law of this State.

On January 28, 1975, Marion Thorp, while a passenger in a motor vehicle owned by her and operated by her daughter, Linda Thorp, sustained personal injuries when the Thorp vehicle struck a tree…

2Cases cited18 opinions

  1. Codling v. PagliaNew York Court of Appeals · 1973
  2. McDermott v. City of New YorkNew York Court of Appeals · 1980
  3. Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
  4. Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
  5. Rock v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1976

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3Cited by15 opinions

  1. Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
  2. Louis Orsini and Mary Orsini v. Nahum Kugel and German C. Garcia, Jean Paul Pierre and Moisture Hacking Corp., Chris Roos and George RoosCourt of Appeals for the Second Circuit · 1993
  3. Gould Electronics Inc. v. United StatesCourt of Appeals for the Third Circuit · 2000
  4. Merchants Bank of New York v. Credit Suisse BankDistrict Court, S.D. New York · 1984
  5. Didner v. Keene Corp.Appellate Division of the Supreme Court of the State of New York · 1993

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