Nolechek v. Gesuale

This court today concludes that one who is not a joint or concurrent tort-feasor may nonetheless be held liable for contribution under Dole v Dow Chem. Co. (30 NY2d 143). Because such a holding marks a sudden, unexplained departure from prior well-reasoned decisions, I must dissent.

At the outset, I note my agreement with the majority insofar as it refuses to create a cause of action in favor of the decedent against his parent. Surely, in the usual case, a father’s decision to give a particular article to his child, involving an assessment of the child’s unique capabilities, maturity and…