Legal Opinion
Henriquez v. Mission Motor Lines, Inc.
New York Supreme Court
Decided October 16, 1972PublishedCited by 3 opinions
1Opinion of the CourtBentley Kassal, J.
Defendant has requested a charge instructing the jury on apportionment of liability between the defendant and one of the plaintiffs in accordance with the Dole v. Dow Chem. Co. (30 N Y 2d 143) principle. This request is based upon the service of a “ Notice of Vouching In ” made after the selection of the jury. In essence, the issues herein presented are whether the form of notice employed is proper and sufficient to invoke the Dole (supra) formula and, if so, whether service of the same was timely.
This is a personal injury and wrongful death action which was commenced in September, 1968, by…
2Cases cited5 opinions
- Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
- Lord & Taylor, Inc. v. Yale & Towne Manufacturing Co.New York Court of Appeals · 1920
- Lipson v. GewirtzNew York District Court · 1972
- Bouleris v. Cherry-Burrell Corp.New York Supreme Court · 1964
- Yarish v. DowlingNew York Supreme Court · 1972
3Cited by3 opinions
- Tierney v. StateAppellate Division of the Supreme Court of the State of New York · 1976
- Wattecamps v. Artkraft Strauss Sign Corp.Civil Court of the City of New York · 1973
- Caucci v. FeskoNew York Supreme Court · 1973