Nielsen v. Greenman Bros.

Appellate Division of the Supreme Court of New York

Nielsen v. Greenman Bros.

123 A.D.2d 850, 507 N.Y.S.2d 641, 1986 N.Y. App. Div. LEXIS 60968

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

DecidedOctober 27, 1986

StatusPublished

Cited by1 cases

This text of 123 A.D.2d 850 (Nielsen v. Greenman Bros.) 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

Nielsen v. Greenman Bros., 123 A.D.2d 850, 507 N.Y.S.2d 641, 1986 N.Y. App. Div. LEXIS 60968 (N.Y. Ct. App. 1986).

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Opinion

In an action to recover damages for personal injuries, the defendant and third-party plaintiff Greenman Bros, appeals from a judgment of the Supreme Court, Nassau County (Molloy, J.), dated March 21, 1986, which granted the third-party defendant-respondent’s motion for summary judgment dismissing the third-party complaint as against it.

Ordered that the judgment is affirmed, with costs.

The third-party plaintiff, having settled with the plaintiff and obtained its own release from liability, is not now entitled to claim contribution from the third-party defendant-respondent (see, General Obligations Law § 15-108 [c]). Nor may it circumvent this statutory prohibition by presenting its claim as one for indemnification (see, Salonia v Samsol Homes, 119 AD2d 394). Thompson, J. P., Weinstein, Lawrence and Eiber, JJ., concur.

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In an action to recover damages for personal injuries, the defendant and third-party plaintiff Greenman Bros, appeals from a judgment of the Supreme Court, Nassau County (Molloy, J.), dated March 21, 1986, which granted the third-party defendant-respondent’s motion for summary judgment dismissing the third-party complaint as against it.

Ordered that the judgment is affirmed, with costs.

The third-party plaintiff, having settled with the plaintiff and obtained its own release from liability, is not now entitled to claim contribution from the third-party defendant-respondent (see, General Obligations Law § 15-108 [c]). Nor may it circumvent this statutory prohibition by presenting its claim as one for indemnification (see, Salonia v Samsol Homes, 119 AD2d 394). Thompson, J. P., Weinstein, Lawrence and Eiber, JJ., concur.

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Bluebook (online)

123 A.D.2d 850, 507 N.Y.S.2d 641, 1986 N.Y. App. Div. LEXIS 60968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nielsen-v-greenman-bros-nyappdiv-1986.

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