Tuffarella v. Erie Railroad
New York Supreme Court
1Opinion of the CourtBernard S. Meyer, J.
Plaintiff, while riding in a truck owned by third-party defendant Star Corrugated Box Company, was injured when that truck collided at a grade crossing in New Jersey with a train operated by defendant third-party plaintiff Brie Railroad Company. Star’s motion to dismiss the third-party complaint was granted, but on appeal that determination was reversed, the Appellate Division concluding (Tuffarella v. Erie R. R. Co., 10 A D 2d 525, 531): “ Since the statutory right to contribution is regarded in New Jersey as being a substantive right and since it may there be enforced under their procedural…
2Cases cited11 opinions
- Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
- General Electric Company, and Third-Party v. Kelly C. Moretz, and Mason & Dixon Lines, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1959
- Werfel v. Zivnostenska BankaNew York Court of Appeals · 1941
- Cardinal v. State of New YorkNew York Court of Appeals · 1952
- Croker v. CrokerNew York Court of Appeals · 1929
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3Cited by3 opinions
- Cooper v. MorinNew York Supreme Court · 1977
- Associated General Contractors of America, New York State Chapter, Inc. v. Lapardo Bros. Excavating Contractors, Inc.New York Supreme Court · 1964
- San Juan Hotel Corp. v. KoenigCivil Court of the City of New York · 1971