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Bundt v. Embro

New York Supreme Court
265 N.Y.S.2d 872, 48 Misc. 2d 802 (1965)

Written by Michael Beverly, JD

Facts

Five passengers (plaintiffs) in one or the other of two cars involved in a crash brought suit for their injuries against the owners of the cars, the drivers of the cars, and a construction worker who had negligently blocked a stop sign on the road (defendants). During the suit, the passengers were awarded a judgment for the same injuries against the State of New York, which was determined to be negligent. The defendants moved to amend their answers and assert that judgment as a defense.

Rule of Law

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Issue

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Holding and Reasoning (Groat, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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