Legal Opinion
Kelly v. New York Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 1984PublishedCited by 5 opinions
1Opinion of the Court
In a negligence action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered September 9, 1983, which denied his motion to sever the third-party action and to dismiss the third-party complaint. H Order reversed, on the law, with costs, motion granted, third-party action severed and third-party complaint dismissed. H Respondent has no cause of action against appellant. Plaintiff in the main action has released appellant in exchange for substantial consideration. Therefore, as a settling…
2Cases cited5 opinions
- Mitchell v. New York HospitalNew York Court of Appeals · 1984
- Mielcarek v. KnightsAppellate Division of the Supreme Court of the State of New York · 1975
- Lettiere v. Martin Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Lettiere v. MARTIN ELEVATOR CO., INC.New York Court of Appeals · 1979
- Mitchell v. New York HospitalAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by5 opinions
- Giglio v. NTIMP Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- In Re Nucorp Energy Securities LitigationDistrict Court, S.D. California · 1987
- Nelson v. BennettDistrict Court, E.D. California · 1987
- F. W. Woolworth Co. v. Southbridge Towers, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Peralta v. SampogneAppellate Division of the Supreme Court of the State of New York · 1990