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FELDMAN v. NYC HEALTH & HOSP.

84 A.D.2d 166 (1981)

Robert Feldman, Respondent, v. New York City Health & Hospitals Corporation, Appellant

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

December 31, 1981

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Milton Weinberg and Stephen M. Clayton of counsel), for appellant.

Siff & Newman, P. C. (Thomas R. Newman and Louis G. Adolfsen of counsel), for respondent.

HOPKINS, J. P., DAMIANI and TITONE, JJ., concur.

RABIN, J.

In Klinger v Dudley (41 N.Y.2d 362), the Court of Appeals held that where a defendant has not paid his equitable share of a judgment, neither he, nor the plaintiff, is entitled to obtain contribution from a tort-feasor who was not sued directly by the plaintiff. In the instant case, we are called upon to determine whether a series of transactions among a plaintiff, a defendant and a defendant's assignee...

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