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Calderon v. Advance Machinery Exchange Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1986
119 A.D.2d 790 (N.Y. App. Div. 1986)

Opinion

April 28, 1986

Appeal from the Supreme Court, Orange County (Rubenfeld, J.).


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 A.D.2d 34, affd 66 N.Y.2d 642; General Obligations Law § 15-108 [b]). Mollen, P.J., Weinstein, Rubin and Spatt, JJ., concur.


Summaries of

Calderon v. Advance Machinery Exchange Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1986
119 A.D.2d 790 (N.Y. App. Div. 1986)
Case details for

Calderon v. Advance Machinery Exchange Inc.

Case Details

Full title:ROBERTO CALDERON et al., Plaintiffs, v. ADVANCE MACHINERY EXCHANGE INC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 28, 1986

Citations

119 A.D.2d 790 (N.Y. App. Div. 1986)

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