86 A.D.2d 692 | N.Y. App. Div. | 1982
Cross appeals from a judgment in favor of claimant, entered July 22, 1980, upon a decision of the Court of Claims (Murray, J.). On March 18, 1971, at approximately 2:30 a.m., claimant was driving with a friend, James O’Sullivan, west along New York State Route 213 in the Town of Rosendale, Ulster County. On encountering a patch of ice, claimant skidded, lost control of her car and struck a stone wall located on the north side of the road. James O’Sullivan sued claimant in Supreme Court for damages sustained as a result of the accident. Following trial, a judgment was entered for O’Sullivan in the amount of $40,232. Claimant then commenced the instant action in the Court of Claims for contribution, alleging that the