MAKEUN v. STATE OF NEW YORK


98 A.D.2d 583 (1984)

Floyd Makeun, Appellant, v. State of New York, Respondent

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

January 16, 1984


Attorney(s) appearing for the Case

Roche & Wolkenbreit, P. C. (Jed B. Wolkenbreit of counsel), for appellant.

Spitz, Spitz & Fedorchak (Andrew L. Spitz of counsel), for respondent.

LAZER, J. P., THOMPSON and BRACKEN, JJ., concur.


GIBBONS, J.

The primary issue to be resolved on this appeal is whether a defendant tort-feasor who settles with the plaintiff after a jury verdict of negligence but prior to an adjudication as to damages may be entitled to contribution against another tort-feasor. Our conclusion is that contribution in such circumstances is not permitted under the current statutory law of this State.

On January 28, 1975, Marion Thorp, while a passenger in a motor...

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