Legal Opinion
Diversified Group, Inc. v. Marcum & Kliegman LLP
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 2015Published
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about April 17, 2014, which denied plaintiffs’ motions for summary judgment and granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, with costs.
In this breach of contract action, plaintiffs may not seek contribution from defendants pursuant to General Obligations Law § 15-108 (c) and (d) because they settled their dispute with the investors for monetary consideration prior to the court entering judgment against them (see Gonzales v Armac Indus., 81 NY2d 1, 5-6 [1993]; Carlin…
2Cases cited5 opinions
- Gonzales v. Armac Industries, Ltd.New York Court of Appeals · 1993
- Arteaga v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Kirilescu v. American Home Products Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- CARLIN, SUZETTE R. v. PATEL, M.D., RAJNIKANT M.Appellate Division of the Supreme Court of the State of New York · 2012
- Strauss v. BMW Financial Services Vehicle LeasingNew York Supreme Court · 2010