Blass v. Hennessey

On this appeal, we are asked to determine whether a settlement entered into between a plaintiff and one of two joint tort-feasors prior to the decision in Dole v. Dow Chem Co. (30 N Y 2d 143) bars the other from asserting a post-Dole cross claim against him for an apportionment of damages under the Dole rule.

In March of 1971, plaintiffs Edith and Glenn Blass commenced a wrongful death action against defendant-appellant Hennessey and defendant-respondent Cox, arising out of an automobile accident in Onondaga County in which their son, Glenn Blass, Jr., was killed. In January of 1972,…