Klinger v. Dudley

2 Citing cases

  1. Valentino v. Thompson

    52 A.D.2d 601 (N.Y. App. Div. 1976)   Cited 1 times

    In personal injury actions, plaintiffs Kaban appeal from (1) an order of the Supreme Court, Queens County, dated April 16, 1975, which granted the motion of third-party defendant Manhattan Boiler and Equipment Corporation to resettle a judgment so as to delete therefrom two provisions for a money judgment in favor of the third-party plaintiffs against the third-party defendants and to substitute therefor provisions awarding judgment to the third-party plaintiffs against the third-party defendants upon payment to the plaintiffs upon the principal judgment; the order further provides that the third-party judgment shall be in such amount as the amount paid on the principal judgment shall exceed the third-party plaintiffs' proportional share (75%) of the principal judgment, and (2) so much of the amended judgment of the same court, entered May 16, 1975, as effectuated the said order. Order affirmed and amended judgment affirmed insofar as appealed from, without costs or disbursements (see Klinger v Dudley, 49 A.D.2d 693; Adams v Lindsay, 77 Misc.2d 824). We note an apparent attempt in the brief submitted on behalf of John H. Thompson to appeal from portions of the order and judgment under review.

  2. Rochester Plumbing v. Burgart, Inc.

    49 A.D.2d 78 (N.Y. App. Div. 1975)   Cited 16 times

    It was an improvident exercise of the court's discretion. Finally, the indemnity judgment in the third-party action is unconditional and must be amended to condition Rochester Supply's recovery upon payment of the Burgart judgment (see Klinger v Dudley, 49 A.D.2d 693; Adams v Lindsay, 77 Misc.2d 824).