Legal Opinion

Livant v. Livant

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

Decided April 23, 1963PublishedCited by 9 opinions

1Opinion of the Court

Breitel, J. P.

Defendant Irving Livant appeals from an order denying his motion for leave to plead an affirmative partial defense in mitigation of damages. The defense is based on a payment made by a former codefendent on account of that defendant’s judgment liability to each of the plaintiffs.

The action was brought to recover damages for personal injury based upon the concurrent negligence of the defendants. The accident arose from a collision between automobiles, one operated by defendant Irving Livant and the other by the former defendant Adams who made payment on his liability after…

2Cases cited18 opinions

  1. Solomon v. DabrowskiMassachusetts Supreme Judicial Court · 1936
  2. De Lude v. RimekAppellate Court of Illinois · 1953
  3. Laurenzi v. VranizanCalifornia Supreme Court · 1945
  4. Knapp v. . RocheNew York Court of Appeals · 1884
  5. Ryan v. MonsonAppellate Court of Illinois · 1961

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3Cited by9 opinions

  1. In Re Eastern & Southern Districts Asbestos LitigationDistrict Court, S.D. New York · 1991
  2. Cover v. CohenAppellate Division of the Supreme Court of the State of New York · 1985
  3. Fox v. MercerAppellate Division of the Supreme Court of the State of New York · 1985
  4. Jorgensen v. Aetna Casualty & Surety Co.Utah Supreme Court · 1988
  5. Chase Manhattan Bank v. Akin, Gump, Strauss, Hauer & Feld L.L.P.Appellate Division of the Supreme Court of the State of New York · 2003

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

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