Calderon v. Advance Machinery Exchange Inc.

Appellate Division of the Supreme Court of New York

Calderon v. Advance Machinery Exchange Inc.

119 A.D.2d 790, 501 N.Y.S.2d 416, 1986 N.Y. App. Div. LEXIS 55731

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 1986

StatusPublished

Cited by2 cases

This text of 119 A.D.2d 790 (Calderon v. Advance Machinery Exchange Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calderon v. Advance Machinery Exchange Inc., 119 A.D.2d 790, 501 N.Y.S.2d 416, 1986 N.Y. App. Div. LEXIS 55731 (N.Y. Ct. App. 1986).

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Opinion

— In an action to recover damages for personal injuries, etc., the defendants Gulf & Western Industries, Inc., and the E. W. Bliss Division of Gulf & Western Manufacturing Company, sued herein as E. W. Bliss Company, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Rubenfeld, J.), dated November 29, 1984, as granted that branch of the defendant Western Electric Company, Inc.’s motion which was to dismiss their cross claim against it.

Order affirmed insofar as appealed from, with costs.

We have examined the allegations of the plaintiffs’ second amended complaint, appellants’ cross claim against Western Electric Company, Inc. (hereinafter Western Electric), appellants’ bill of particulars as to their cross claim and all of the evidence in the record and conclude that there is no evidentiary basis for a claim by appellants for indemnification from Western Electric. Special Term correctly concluded that the appellants’ cross claim is no more than one for contribution and that that claim is barred by virtue of the release given to Western Electric by the plaintiffs in return for valuable consideration (County of Westchester v Becket Assoc., 102 AD2d 34, affd 66 NY2d 642; General Obligations Law § 15-108 [b]). Mollen, P. J., Weinstein, Rubin and Spatt, JJ., concur.

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— In an action to recover damages for personal injuries, etc., the defendants Gulf & Western Industries, Inc., and the E. W. Bliss Division of Gulf & Western Manufacturing Company, sued herein as E. W. Bliss Company, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Rubenfeld, J.), dated November 29, 1984, as granted that branch of the defendant Western Electric Company, Inc.’s motion which was to dismiss their cross claim against it.

Order affirmed insofar as appealed from, with costs.

We have examined the allegations of the plaintiffs’ second amended complaint, appellants’ cross claim against Western Electric Company, Inc. (hereinafter Western Electric), appellants’ bill of particulars as to their cross claim and all of the evidence in the record and conclude that there is no evidentiary basis for a claim by appellants for indemnification from Western Electric. Special Term correctly concluded that the appellants’ cross claim is no more than one for contribution and that that claim is barred by virtue of the release given to Western Electric by the plaintiffs in return for valuable consideration (County of Westchester v Becket Assoc., 102 AD2d 34, affd 66 NY2d 642; General Obligations Law § 15-108 [b]). Mollen, P. J., Weinstein, Rubin and Spatt, JJ., concur.

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Bluebook (online)

119 A.D.2d 790, 501 N.Y.S.2d 416, 1986 N.Y. App. Div. LEXIS 55731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calderon-v-advance-machinery-exchange-inc-nyappdiv-1986.

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