Legal Opinion

Slater v. American Mineral Spirits Co.

New York Court of Appeals

Decided March 27, 1974PublishedCited by 27 opinions

1Opinion of the CourtJones, J.

The principle of apportionment of liability articulated in Dole v. Dow Chem. Co. (30 N Y 2d 143) is not available on application to reopen issues otherwise finally concluded merely because other aspects of litigation arising out of the same event are still pending in the judicial process.

On September 13, 1968 James Duffy had driven a Red Star Express tractor-trailer combination to the unloading platform at the Elmgrove Road plant of Eastman Kodak. Decedent Slater and plaintiffs Smith and Willmott, all employees of Eastman Kodak, were unloading castings consigned to Eastman Kodak when the…

2Cases cited2 opinions

  1. Joannes Brothers Co. v. . LambornNew York Court of Appeals · 1923
  2. Linton v. Perry Knitting Co.New York Court of Appeals · 1945

3Cited by27 opinions

  1. Barry J. Jacobson, Plaintiff-Appellant-Cross-Appellee v. Fireman's Fund Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1997
  2. Gowan v. TullyNew York Court of Appeals · 1978
  3. Heath v. Warner Communications, Inc.District Court, S.D. New York · 1995
  4. Hennessy v. Cement & Concrete Worker's Union Local 18A, of the Laborer's International UnionDistrict Court, S.D. New York · 1997
  5. City of Corning v. Corning Police DepartmentNew York Supreme Court · 1974

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