FLOOD v. RE LOU LOCATION ENGR.

Nos. 76 Civ. 2305, 77 C. 3 (JBW).

487 F.Supp. 364 (1980)

Arlene A. FLOOD and Bernard Flood, Plaintiffs, v. RE LOU LOCATION ENGR., Re Lou Leasing Engr., Denis Messier and Japan Line Ltd., Defendants. Daniel J. FLOOD, an infant by Eugene J. Flood, the guardian of his property, Plaintiff, v. RE LOU LOCATION ENGR., Re Lou Leasing Engr., Denis Messier and Japan Line Ltd., Defendants. RE LOU LOCATION ENGR., Re Lou Leasing Engr., Denis Messier and Third-Party Plaintiffs, v. Arlene A. FLOOD and Bernard A. Flood, Third-Party Defendants.

United States District Court, E. D. New York.

March 4, 1980.


Attorney(s) appearing for the Case

Gillen & Caliendo, New York City, for defendants Re Lou Location, et al.

Kirlin, Campbell & Keating, New York City, for third party plaintiff Japan Line Ltd.

McLaughlin, McLaughlin & Neimark Brooklyn, N.Y., for plaintiffs Daniel J. Flood, Infant by Eugene J. Flood, Guardian.

Jerome Edelman, P. C., Brooklyn, N.Y., for plaintiffs Arlene A. Flood and Bernard A. Flood.


WEINSTEIN, District Judge.

Japan Line Ltd., having lost after trial on the issue of liability, settled without an adjudication of damages. It now seeks recovery against codefendants. As indicated below, its claim must be characterized as one for contribution rather than indemnification; New York Law precludes recovery.

I. FACTS

As a result of an accident in June 1976, claims for relief were brought by Arlene A. Flood and Bernard A. Flood against...

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