Legal Opinion

De Paolis v. City of New York

New York Supreme Court

Decided September 26, 1980PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

The question presented is whether a “Dole” cross claim for contribution* must be dismissed because of an admission in defense counsel’s opening statement exculpating a codefendant.

*308Plaintiff Edward De Paolis was a passenger in a motor vehicle owned and operated by defendants Rocco and Joseph Schirripa when it collided with a motor vehicle operated by defendant Josephine Prestianni at the intersection of Royce Street and Avenue X in the Borough of Brooklyn, New York. Plaintiff commenced this action for personal injuries predicated upon the negligence of…

2Cases cited13 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978
  3. Hoffman House v. . FooteNew York Court of Appeals · 1902
  4. Gilbert v. RothschildNew York Court of Appeals · 1939
  5. Goodman v. Brooklyn Hebrew Orphan AsylumAppellate Division of the Supreme Court of the State of New York · 1917

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3Cited by1 opinion

  1. Devon Mobile Communications Liquidating Trust v. Adelphia Communications Corp. (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2005

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