LIVANT v. LIVANT


18 A.D.2d 383 (1963)

Dora Livant et al., Respondents, v. Irving Livant, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 23, 1963.


Attorney(s) appearing for the Case

Marshall D. Sweetbaum of counsel (McCarthy & McGrath, attorneys), for appellant.

Eugene H. Lieber of counsel (Guminick & Lieber, attorneys), for respondents.

RABIN, STEVENS, STEUER and BASTOW, JJ., concur.


BREITEL, J. P.

Defendant Irving Livant appeals from an order denying his motion for leave to plead an affirmative partial defense in mitigation of damages. The defense is based on a payment made by a former codefendant on account of that defendant's judgment liability to each of the plaintiffs.

The action was brought to recover damages for personal injury based upon the concurrent negligence of the defendants...

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