Legal Opinion · Dissent
Board of Education v. Sargent, Webster, Crenshaw & Folley
Appellate Division of the Supreme Court of the State of New York
Decided February 12, 1987Published
1DissentMikoll, J.
I respectfully dissent. CPLR 1401 is the statutory basis for contribution claims. The statutory language does not elucidate the types of actions in which contribution is available. The legislative history of CPLR 1401 is less than clear. An argument for either position on this appeal may be made out in the legislative statements attendant to its passage.
It seems appropriate, under the circumstances, to turn instead to judicial interpretations of CPLR 1401 for assistance in resolving the issues herein. With Dole v Dow Chem. Co. (30 NY2d 143), comparative negligence has undergone a relatively *32li…
2Cases cited11 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Schauer v. JoyceNew York Court of Appeals · 1981
- Taft v. Shaffer Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Lippes v. Atlantic BankAppellate Division of the Supreme Court of the State of New York · 1979
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