Legal Opinion
Bergan v. Home for Incuradles
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1980PublishedCited by 11 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County, entered on April 17, 1979, which denied third-party defendants’ motion to dismiss the third-party complaint, insofar as appealed from, unanimously reversed, on the law, without costs and without disbursements, and the third-party defendants’ motion to dismiss, granted. The question presented for our review is whether an alleged successive and independent tort-feasor may seek apportionment of damages under the Dole doctrine (Dole v Dow Chem. Co., 30 NY2d 143), from an alleged prior tort-feasor. Under the facts presented herein, we find that apportionment is…
2Cases cited5 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
- Derby v. PrewittNew York Court of Appeals · 1962
- Zillman v. Meadowbrook Hospital Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Wiseman v. 374 Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by11 opinions
- Lewis v. Yonkers General HospitalAppellate Division of the Supreme Court of the State of New York · 1991
- Gray v. Sandoz PharmaceuticalsAppellate Division of the Supreme Court of the State of New York · 1986
- Getzelman v. LacovaraAppellate Division of the Supreme Court of the State of New York · 1981
- Hasbro Bradley, Inc. v. Coopers & LybrandAppellate Division of the Supreme Court of the State of New York · 1987
- Horger v. New York University Medical CenterDistrict Court, S.D. New York · 1986
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