Rose v. Thau

This motion arises out of a personal injury lawsuit tried in Chemung County in May of 1973. In two separate actions plaintiff Rose sued Thau and Lucy. Pursuant to the right of action afforded defendant tort-feasors in Dole v. Dow (30 N Y 2d 143), petitioner Thau commenced a third-party action for proportional indemnification against Lucy. All actions were tried jointly. The jury found for plaintiff in both main actions and on the third-party action the damages were apportioned. Judgments were entered for plaintiff in the two main actions and also for the petitioner Thau against respondent…