BUNDT V. EMBRO
265 N.Y.S.2d 872 (1965)
NATURE OF THE CASE: This was a review of Embro's (D) motion for leave to amend their
answers under a personal injury action to interpose the affirmative defense of discharge and
satisfaction.
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 tort-feasors 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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