Legal Opinion
Miele v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1945PublishedCited by 5 opinions
1Per curiam
There can be no recovery over other than contribution. as between joint tort-feasors, unless there is liability over by virtue of contract or by status (Fox v. Western New York Motor Lines, Inc., 257 N. Y. 305, 307; Rhynders v. Greene, 255 App. Div. 401, 403).
*124The cross complaint here shows upon its face that there is no basis for a claim of indemnity against the impleaded defendant. Defendant-respondent is an active tort-feasor and no recovery over can be had from another wrongdoer (Employers’ Liability A. Corp. v. Post & McCord, 286 N. Y. 254, 265). Nor can the language of the permit, or the…
2Cases cited4 opinions
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Employers' Liability Assurance Corp., Ltd., of London v. Post & McCord, Inc.New York Court of Appeals · 1941
- Rhynders v. GreeneAppellate Division of the Supreme Court of the State of New York · 1938
3Cited by5 opinions
- B. M. C. Manufacturing Corp. v. TarshisAppellate Division of the Supreme Court of the State of New York · 1951
- Cote v. Autocar Sales & Service Co.New York Supreme Court · 1948
- Green v. Hudson Shoring Co.New York Supreme Court · 1947
- Great Eastern Fuel Co. v. PowellNew York Supreme Court · 1957
- Fortune v. City of SyracuseNew York Supreme Court · 1948