Zillman v. Meadowbrook Hospital Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtShapiro, J.
THE ISSUE
This appeal brings up for review another of the problems spawned in the wake of Dole v. Dow Chem. Co. (30 N Y 2d 143). Specifically, the question here is whether an alleged successive tort-feasor may utilize Dole in order to seek an apportionment of damages from a prior alleged tort-feasor. We hold, under the factual circumstances here present, that it may not be so utilized and therefore reverse the order appealed from and dismiss the third-party complaint.
THE FACTS
On July 30,1966 plaintiff Dorothy Zillman was treated in the emergency room of defendant Meadowbrook Hospital Co., Inc.…
2Cases cited1 opinion
- Zillman v. Meadowbrook Hospital Co.New York Supreme Court · 1973
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