Glaser v. M. Fortunoff of Westbury Corp.

Appellate Division of the Supreme Court of New York

Glaser v. M. Fortunoff of Westbury Corp.

129 A.D.2d 612, 514 N.Y.S.2d 249, 1987 N.Y. App. Div. LEXIS 45298

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

DecidedApril 13, 1987

StatusPublished

This text of 129 A.D.2d 612 (Glaser v. M. Fortunoff of Westbury Corp.) 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

Glaser v. M. Fortunoff of Westbury Corp., 129 A.D.2d 612, 514 N.Y.S.2d 249, 1987 N.Y. App. Div. LEXIS 45298 (N.Y. Ct. App. 1987).

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Opinion

In a negligence action to recover damages for personal injuries, the defendant second third-party plaintiff, M. Fortunoff of Westbury Corp., appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), dated March 21, 1986, which granted the motion of the second third-party defendants for summary judgment dismissing the second third-party complaint.

Ordered that the order is affirmed, with costs.

Since the defendant second third-party plaintiff reached a settlement with the plaintiff in the primary action, its second third-party action which pleads a cause of action sounding in contribution, rather than indemnification, is barred (see, General Obligations Law § 15-108 [c]; Salonia v Samsol Homes, 119 AD2d 394). Bracken, J. P., Brown, Niehoff and Kooper, JJ., concur.

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In a negligence action to recover damages for personal injuries, the defendant second third-party plaintiff, M. Fortunoff of Westbury Corp., appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), dated March 21, 1986, which granted the motion of the second third-party defendants for summary judgment dismissing the second third-party complaint.

Ordered that the order is affirmed, with costs.

Since the defendant second third-party plaintiff reached a settlement with the plaintiff in the primary action, its second third-party action which pleads a cause of action sounding in contribution, rather than indemnification, is barred (see, General Obligations Law § 15-108 [c]; Salonia v Samsol Homes, 119 AD2d 394). Bracken, J. P., Brown, Niehoff and Kooper, JJ., concur.

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Bluebook (online)

129 A.D.2d 612, 514 N.Y.S.2d 249, 1987 N.Y. App. Div. LEXIS 45298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glaser-v-m-fortunoff-of-westbury-corp-nyappdiv-1987.

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