Legal Opinion · Dissent

D'Ambrosio v. City of New York

New York Court of Appeals

Decided April 6, 1982Published

1DissentMeyer, J.

I do not question the authority of the court to reach the conclusion reached by the majority, for the Legislature has spoken only to the converse of the problem we confront1 and has, apparently deliberately, left to us the ultimate determination of what the rules governing the separation between indemnity and contribution should be,2 while at the same time noting that our court “may wish to consider the suggestions offered” in *465section 886B of the Restatement of Torts, Second,3 suggestions which, if followed, would produce a result contrary to that of the majority.4 I do, however, seriously…

2Cases cited38 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Riviello v. WaldronNew York Court of Appeals · 1979
  3. Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
  4. McDermott v. City of New YorkNew York Court of Appeals · 1980
  5. Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973

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