· 2/21/1944
Fine v. Linder
Citations
- 267 A.D. 880
- 46 N.Y.S.2d 437
- 1944 N.Y. App. Div. LEXIS 5286
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a party seeking indemnification “must show that it may not be held responsible in any degree”
- stating that the parties’ settlement “statutorily extinguished” contribution claim by operation of Section 15-108
- explaining that “an indemnity cause of action can be sustained only if the third-party plaintiff and the third-party defendant have breached a duty to plaintiff and also if some duty to indemnify exists between them”
- holding “strict products liability action is not analogous to vicarious liability, resulting in the imposition of liability without regard to fault”; seller of product will be held liable only if “the product was defective when it left [the seller’s] hands”
- “The statutory bar to contribution may not be circumvented by the simple expedient of calling the claim indemnification.”
- “A party who has settled and seeks what it characterizes as indemnification thus must show that it may not be held responsible in any degree.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.