CATON v. DOUG URBAN CONSTR. CO.


65 N.Y.2d 909 (1985)

Richard Caton et al., Appellants, v. Doug Urban Construction Company, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1985.


Attorney(s) appearing for the Case

John T. Bertell and Bruce Kevin Koren for appellants.

Michael J. Kanaley, Jr., for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division that whether the default judgment in the underlying action against the Catons, the present plaintiffs, was reasonable in amount requires proof in the present action for common-law indemnity of the injuries and damages suffered by the Smarts, the plaintiffs in the underlying action. We add only that...

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