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eBook details

• Title: Thomas E. Wood v. City New York
• Author : Supreme Court of New York
• Release Date : January 20, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The plaintiff had complained that the co-defendants had sold intoxicating liquor to Zielinski while he was intoxicated, and
so violated section 65 of the Alcoholic Beverage Control Law; the co-defendants cross-claimed against Zielinski, the alleged
perpetrator of the plaintiff's injuries. Special Term granted motion to dismiss the cross complaint, citing Yamonaco v. Murphy
(38 Misc. 2d 585). In reversing, we do so on the authority of Dole v. Dow Chem. Co. (30 N.Y.2d 143, 148-149). In this case,
the Court of Appeals has, in effect, departed from the hitherto honored rules pertaining to active-passive dichotomy and enunciated
new guidelines based on a shared responsibility in apportioning liability among parties involved together in causing damage
by negligence. Said the court: "The conclusion reached is that where a third party is found to have been responsible for a
part, but not all, of the negligence for which a defendant is cast in damages, the responsibility for that part is recoverable
by the prime defendant against the third party. To reach that end there must necessarily be an apportionment of responsibility
in negligence between those parties." Accordingly, we reverse and deny the motion to dismiss the cross claim. There will be
no costs or disbursements, as the opinion of the Court of Appeals was subsequent to the submission at Special Term.

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