Torts II, Pages 396–397

Bundt v. Embro

Supreme Court of New York, Queens County, 1965


Two automobiles collided, and their passengers sued both drivers and a contractor who obscured the view of a stop sign. Plaintiffs then recovered against the State of New York in a separate case in the Court of Claims. Defendants now move to amend their answers to interpose the defense of discharge and satisfaction.


Can plaintiff recover from defendants as well as from the state?


LexisNexis IconWestLaw LogoGoogle Scholar LogoPage 396

[O]ne who has been injured by the joint wrong of several parties may recover his damages against either or all; but although there may be several suits and recoveries, there can be but one satisfaction.


This rule applies to the state as well as it has allowed itself to be sued. It should be treated as any other defendant.


LexisNexis IconWestLaw LogoGoogle Scholar LogoPage 337

[If] the defendants were in fact joint tort-feasors with the State, the satisfaction of a judgment against the State would operate as a discharge of the defendants.


Leave to amend granted to defendants.