Legal Opinion
City of Utica v. Holt
New York Supreme Court
Decided September 27, 1976PublishedCited by 3 opinions
1Opinion of the Court
Stewart F. Hancock, Jr., J.
Defendant Baird’s motion to dismiss the first cause of action pursuant to CPLR 3211 (subd [a], par 7) presents a question concerning claimed rights of contribution between independent and successive tort-feasors arising under Dole v Dow Chem. Co. (30 NY2d 143) and CPLR 1401. The plaintiff city is being sued by a fireman who was injured at the scene of a fire when a ladder on a city fire truck collapsed. The fireman asserts the accident was caused by the negligence of the city in, inter alia, failing to maintain and inspect the ladder and failing to warn him of the…
2Cases cited23 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
- Holodook v. SpencerNew York Court of Appeals · 1974
- Margolin v. New York Life InsuranceNew York Court of Appeals · 1973
- Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
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3Cited by3 opinions
- Garrett v. Holiday Inns, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Austin v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1992
- Cubito v. KreisbergNew York Supreme Court · 1978