Bundt v. Embro

265 N.Y.S.2d 872 (1965)

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Nature of the Case

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Facts

Two autos got into an accident, and the five passengers from both of the cars sued the owners and operators along with a contractor who was repairing the highway. P and others had sued a city contractor alleging that it has covered up a stop sign at the intersection. Ds moved to amend their answers to interpose the defense of discharge after they learned that Ps had sued the state for the same accident and had obtained a recovery. Ds argue that, since they were joint tortfeasors with the State, the satisfaction of the judgment against the State discharges them through the application of the settled rule that the satisfaction of a judgment against one joint tort-feasor discharges the others.