Fields v. Rosenberg

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the rights to indemnity and restitution spring from contract and are not dependent on- the nature of the underlying breach
• stating with respect to unjust enrichment that “the vehicle through which the law operated was the quasi contract,” under which “the rule developed that where payment by one person is compelled, which another should have made, a contract to reimburse or indemnify is implied by law”
• “[T]he indemnity claim is a separate substantive cause of action, independent of the underlying wrong....”
• “[indemnification claims ... do' not accrue until the party seeking indemnification has made payment....”
• “Section 15-108 was generally designed to foster settlements in multiple party tort cases by prescribing the effects of the settlement and altering rules of law which were not conducive to the negotiating process.”
• Appeal from Order of Supreme Court, Monroe County, Stander, J. — Summary Judgment.

Source: CourtListener parenthetical corpus (CC0).