Alexander v. Callanen

OPINION OF THE COURT

John R. Tenney, J.

Plaintiffs have brought this action against defendant attorneys for their alleged malpractice in failing to prosecute plaintiff’s claim against the third-party defendants. Defendant attorneys have brought a third-party action alleging they are entitled to contribution from the parties they neglected to sue in the first place.

The third-party defendants have moved to dismiss the third-*763party complaint on the grounds that a right of contribution does not exist. The motion is granted.

Contribution is allowed from a third party under CPLR 1401. (Dole v Dow Chem.…