Klinger v. Dudley

Appellate Division of the Supreme Court of New York

Klinger v. Dudley

49 A.D.2d 693, 370 N.Y.S.2d 760, 1975 N.Y. App. Div. LEXIS 10543

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

DecidedJuly 18, 1975

StatusPublished

Cited by2 cases

This text of 49 A.D.2d 693 (Klinger v. Dudley) 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.

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Klinger v. Dudley, 49 A.D.2d 693, 370 N.Y.S.2d 760, 1975 N.Y. App. Div. LEXIS 10543 (N.Y. Ct. App. 1975).

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Opinion

Judgment unanimously modified, on the law, in accordance with memorandum and as modified affirmed, without costs. Memorandum: The evidence in this negligence action presented questions of fact as to liability and damages and we find no grounds for reversal as to either. The judgment of May 9, 1974 must be modified in the second and third ordering paragraphs to provide that payment of the judgments against the third-party defendants is conditioned upon defendant Leone paying the full amount of the judgment rendered against him (McCabe v Queensboro Farm Prods., 22 NY2d 204; Adams v Lindsay, 77 Misc 2d 824; McLaughlin, New York Trial Practice 171 N.Y.L.J., June 14, 1974, p 4; David E. Siegel, Practice Commentary, McKinney’s Cons. Laws of N.Y., Book 7B, CPLR 3019, pp 278-279). We find no merit to the other points raised. (Appeals from judgment of Chautauqua Trial Term in wrongful death action.) Present—Marsh, P. J., Moule, Simons, Mahoney and Del Vecchio, JJ.

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Judgment unanimously modified, on the law, in accordance with memorandum and as modified affirmed, without costs. Memorandum: The evidence in this negligence action presented questions of fact as to liability and damages and we find no grounds for reversal as to either. The judgment of May 9, 1974 must be modified in the second and third ordering paragraphs to provide that payment of the judgments against the third-party defendants is conditioned upon defendant Leone paying the full amount of the judgment rendered against him (McCabe v Queensboro Farm Prods., 22 NY2d 204; Adams v Lindsay, 77 Misc 2d 824; McLaughlin, New York Trial Practice 171 N.Y.L.J., June 14, 1974, p 4; David E. Siegel, Practice Commentary, McKinney’s Cons. Laws of N.Y., Book 7B, CPLR 3019, pp 278-279). We find no merit to the other points raised. (Appeals from judgment of Chautauqua Trial Term in wrongful death action.) Present—Marsh, P. J., Moule, Simons, Mahoney and Del Vecchio, JJ.

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Bluebook (online)

49 A.D.2d 693, 370 N.Y.S.2d 760, 1975 N.Y. App. Div. LEXIS 10543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klinger-v-dudley-nyappdiv-1975.

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