Mowczan v. Bacon

Appellate Division of the Supreme Court of New York

Mowczan v. Bacon

244 A.D.2d 535, 665 N.Y.S.2d 936, 1997 N.Y. App. Div. LEXIS 11958

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

DecidedNovember 24, 1997

StatusPublished

This text of 244 A.D.2d 535 (Mowczan v. Bacon) 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

Mowczan v. Bacon, 244 A.D.2d 535, 665 N.Y.S.2d 936, 1997 N.Y. App. Div. LEXIS 11958 (N.Y. Ct. App. 1997).

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Opinion

—In an action to recover damages for personal injuries, etc., the defendants third-party plaintiffs John J. Benedetto and Haven Transportation, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Oshrin, J.), dated January 7, 1997, as granted the motion of the third-party defendant Maersk Container Inc./ Maersk Inc. for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the third-party defendant was not liable for contribution under Vehicle and Traffic Law § 388 (see, Rodriguez v Yosi Trucking, 151 AD2d 556). Furthermore, the record does not support any other basis for a contribution claim against the third-party defendant. Santucci, J. P., Joy, Friedmann and Luciano, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendants third-party plaintiffs John J. Benedetto and Haven Transportation, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Oshrin, J.), dated January 7, 1997, as granted the motion of the third-party defendant Maersk Container Inc./ Maersk Inc. for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the third-party defendant was not liable for contribution under Vehicle and Traffic Law § 388 (see, Rodriguez v Yosi Trucking, 151 AD2d 556). Furthermore, the record does not support any other basis for a contribution claim against the third-party defendant. Santucci, J. P., Joy, Friedmann and Luciano, JJ., concur.

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Bluebook (online)

244 A.D.2d 535, 665 N.Y.S.2d 936, 1997 N.Y. App. Div. LEXIS 11958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mowczan-v-bacon-nyappdiv-1997.

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