Manufacturers & Traders Trust Co. v. McCabe Electric, Inc.

Appeal from order insofar as it denied reargument unanimously dismissed without costs and otherwise order affirmed. Memorandum: Supreme Court properly awarded judgment to defendant, JPE Holdings, Inc. (JPE), on its cross claim for contribution against defendant, William McCabe, in an amount equal to one half of the judgment that plaintiff obtained against them as co-guarantors. The propriety of the court’s order denying McCabe’s motion to amend his answer to assert the affirmative defense of novation is not before us because no appeal was taken from that order. Furthermore, the matters raised…