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GOODFELLOW, INC. v. LYONS

127 Misc.2d 651 (1985)

Thomas Goodfellow, Incorporated, Plaintiff, v. Lyons Trans. Lines, Incorporated, et al., Defendants.

Supreme Court, Erie County.

March 1, 1985

Attorney(s) appearing for the Case

Damon & Morey (Sharon Rogers of counsel), for plaintiff. Kiebala & Rubin (Steven Shapiro of counsel), for defendants.

JOSEPH J. SEDITA, J.

A unique question is presented by this motion to dismiss plaintiff's complaint pursuant to General Obligations Law § 15-108.

At issue is whether or not the subrogation of a claim by the plaintiff pursuant to contract rights precludes continuation of this lawsuit against these defendants. Defendants rely on General Obligations Law § 15-108 (c) which states: "Waiver of contribution. A tortfeasor who has obtained his...

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