WINTER v. ROADKING, INC.


103 Misc.2d 1080 (1980)

Jack Winter, Plaintiff, v. Roadking, Inc., et al., Defendants. Roadking, Inc., et al., Third-Party Plaintiffs, v. Jose M. Ferrer, III, Third-Party Defendant.

Civil Court of the City of New York, Trial Term, New York County.

April 18, 1980.


Attorney(s) appearing for the Case

Gitlin & Greenberg (Martin Gitlin of counsel), for plaintiff. J. Robert Morris and Frank Maher for Roadking, Inc., and another, defendants and third-party plaintiffs, and James Angelone, defendant. Shayne, Dachs, Weiss, Kolbrener, Stanisci & Harwood (Martin Levine of counsel), for third-party defendant.


NORMAN C. RYP, J.

Pursuant to CPLR article 14 and section 15-108 of the General Obligations Law, plaintiff moves and third-party defendant renews its motion to dismiss the third-party complaint following a "deadlocked" jury and "mistrial" declared by the court, under CPLR 4402, prior to retrial.

For whom the liability bells Dole?

A. ISSUES

Does a 1970 pretrial settlement truly...

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