Legal Opinion

Murray v. Sterner

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

Decided December 22, 1995No. Appeal No. 1PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Lawton, J.

This is an action for contribution brought by parties who were defendants in earlier actions by a driver and his passenger. In the driver’s action liability was apportioned 60% to the driver and 40% to defendants. Those defendants brought the instant action for contribution to the damages recovered by the passenger against the driver and the vehicle owner. The issue to be decided on appeal is whether any of the parties to this action is collaterally estopped by earlier determinations in either of the original actions. We hold that the plaintiffs in this action…

2Cases cited16 opinions

Schwartz v. Public AdministratorNew York Court of Appeals · 1969
D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
Empire Insurance v. Food City, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
Green v. Santa Fe Industries, Inc.New York Court of Appeals · 1987
Naso v. LafataNew York Court of Appeals · 1958

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3Cited by1 opinion

Schilling v. MalarkAppellate Division of the Supreme Court of the State of New York · 2004