Feldman v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rabin, J.
In Klinger v Dudley (41 NY2d 362), the Court of Appeals held that where a defendant has not paid his equitable share of a judgment, neither he, nor the plaintiff, is entitled to obtain contribution from a tort-feasor who was not sued directly by the plaintiff. In the instant case, we are called upon to determine whether a series of transactions among a plaintiff, a defendant and a defendant’s assignee, *167amounts to a “payment” under Klinger, which would entitle the assignee to contribution from a culpable third party.
The pertinent facts may be summarized as follows:…
2Cases cited6 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
- Dubicki v. MarescoAppellate Division of the Supreme Court of the State of New York · 1978
- Persons v. GardnerAppellate Division of the Supreme Court of the State of New York · 1907
- Adams v. LindsayNew York Supreme Court · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re: Prudential Lines Inc.Court of Appeals for the Second Circuit · 1998
- Gonzales v. Armac Industries, Ltd.New York Court of Appeals · 1993
- Reich v. Manhattan Boiler & Equipment Corp.New York Court of Appeals · 1998
- Dicola v. American Steamship Owners Mutual Protection & Indemnity Ass'n, Inc.Court of Appeals for the Second Circuit · 1998
- Feldman v. New York City Health & Hospitals Corp.New York Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.