Lopez v. Precision Papers, Inc.

Appeal by defendant third-party plaintiff from an order of the Supreme Court, Kings County, dated December 29, 1977, which granted a motion to dismiss the third-party complaint. Order reversed with $50 costs and disbursements, and motion denied. Successive tort-feasors may not seek apportionment of damages from prior tort-feasors except in those situations where the prior tort-feasor’s negligence had made the successor’s negligence more likely (Zillman v Meadowbrook Hosp. Co., 45 AD2d 267). On the record presented to us, it is impossible to determine if such an exception applies. Moreover, at…