Evans v. City of New York

The jury returned a verdict in favor of the plaintiff against the City of New York in the sum of $150,000. The defendant the City of New York cross-claimed against the defendant Advance Brick and Sand Corp., sole lessee in possession of the one-story brick building.

We are concerned with the lattter action for contribution by the said defendant Advance Brick and Sand Corp., hereinafter called “Advance”, if concurrently negligent with the city, on the theory of Dole v. Dow Chem. Co. (30 N Y 2d 143), based on the relative degrees of negligence of the city and Advance.

Many lawyers read into Dole…