GOODKIN v. UNITED STATES

No. 85-6064.

773 F.2d 19 (1985)

Berill G. GOODKIN and Phyllis Goodkin, Plaintiffs, v. UNITED STATES of America, the State of New York, the City of New York, William G. Reichert, John O'Connor, Jules Aaron and Carol Aaron, Defendants, United States of America, Defendant-Appellee, The City of New York, Defendant-Appellant, UNITED STATES of America, Defendant and Third-Party Plaintiff, v. STATE OF NEW YORK, Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided August 26, 1985.


Attorney(s) appearing for the Case

Leonard A. Mentzer, Office of the Corporation Counsel, City of New York, New York City (Frederick A.O. Schwarz, Jr., Corporation Counsel of the City of New York, Leonard Koerner, Stephen J. McGrath, New York City, of counsel), for appellant.

Patrick B. Northup, Asst. U.S. Atty., E.D. of N.Y., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty. for the E.D. of N.Y., Robert L. Begleiter, Asst. U.S. Atty., E.D. of N.Y., Brooklyn, N.Y., of counsel), for appellee.

Before FEINBERG, Chief Judge, and MESKILL and NEWMAN, Circuit Judges.


MESKILL, Circuit Judge:

This appeal presents a single question: whether New York's Comprehensive Motor Vehicle Insurance Reparations Act (no-fault law or Act), N.Y.Ins.Law § 5101 et seq. (McKinney 1985), precludes recovery on a cross-claim brought by a defendant whom the Act deems to be a noncovered person against a co-defendant whom the Act deems to be a covered person seeking contribution for basic economic loss damages. In light of New York's strong...

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