Legal Opinion
Rubel v. Stackrow
New York Supreme Court
Decided February 12, 1973PublishedCited by 5 opinions
1Opinion of the CourtHabold J. Hughes, J.
This is a motion by defendant Orthodox Christian Association of Cohoes, Inc., pursuant to CPLR 3025 (subd. [b]), for leave to amend its answer to assert cross claims against the other defendants for an apportionment of liability in accordance with Dole v. Dow Chem. Co. (30 N Y 2d 143). The question raised is whether the rule announced in Dole should be extended to an action based on 'an alleged willful violation of a statute (General Obligations Law, § 11-101) rather than negligence.
Defendants are the owners of four licensed establishments at which one Chester Pecak was served alcoholic…
2Cases cited4 opinions
- Berkeley v. ParkNew York Supreme Court · 1965
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
- Wood v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1972
- Mitchell v. Shoals, Inc.New York Supreme Court · 1965
3Cited by5 opinions
- Liggett & Myers Incorporated v. BloomfieldDistrict Court, S.D. New York · 1974
- Anderson v. ComardoNew York Supreme Court · 1981
- Smith v. GuliAppellate Division of the Supreme Court of the State of New York · 1985
- J.S.M. Contracting, Inc. v. Old Route 6 Pub, Ltd.New York Supreme Court · 1985
- Langford v. Chrysler Motors Corp.District Court, E.D. New York · 1974