Liberty Mutual Insurance Company, Respondent v. George Colon & Co., Inc., Appellant

Summary

The Court of Appeals affirmed the Appellate Division's judgment striking out the defendant's affirmative defenses, holding that the prior negligence judgment is binding for the statutory indemnity action and that the defendant may not relitigate contributory negligence. Justice Pound, dissenting, argued that the defendant should be allowed to assert those defenses anew.