PIETRAS v. GOL PAK CORP.


131 A.D.2d 239 (1987)

Donald J. Pietras, Appellant, v. Gol Pak Corporation et al., Respondents

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

November 10, 1987


Attorney(s) appearing for the Case

William C. Olcott (Armand J. Festine of counsel), for appellant.

Kiley, Feldmann, Whalen, Devine & Patane, P. C. (James J. Devine, Jr., of counsel), for respondents.

DILLON, P. J., GREEN, PINE and LAWTON, JJ., concur.


CALLAHAN, J.

Is a plaintiff who accepts payment from the State in satisfaction of a Court of Claims judgment precluded from proceeding with a pending action in the Supreme Court against a joint tort-feasor to recover punitive damages? Special Term answered this question in the affirmative and granted defendants' motion for summary judgment dismissing plaintiff's amended complaint.

Plaintiff was employed...

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