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JACKSON v. ASSOCIATED DRY GOODS CORP.

13 N.Y.2d 112 (1963)

Mildred Jackson, Respondent, v. Associated Dry Goods Corp., Appellant, and Posillico Construction, Inc., Respondent-Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Albert P. Thill for appellant.

William F. Larkin, Earl J. Nettleton and Thomas J. Walsh for respondent-appellant.

Benjamin H. Siff for respondent.

Judges FULD, VAN VOORHIS, BURKE and FOSTER concur with Judge SCILEPPI as to defendant Posillico Construction, Inc.; as to defendant Associated Dry Goods Corp., Judges FULD, VAN VOORHIS, BURKE and FOSTER concur (Judges FULD and VAN VOORHIS in the following memorandum): As between themselves we agree that Associated Dry Goods Corp. and Posillico Construction, Inc., were not in pari delicto and that, therefore, there should be recovery over (Tipaldi v. Riverside Mem. Chapel, 273 App. Div. 414, affd. 298 N.Y. 686; Scott v. Curtis, 195 N.Y. 424); Chief Judge DESMOND dissents and votes to affirm in a separate memorandum in which Judge DYE concurs.

SCILEPPI, J.

Plaintiff commenced this action against Associated Dry Goods Corp., Posillico Construction, Inc., and the County of Nassau to recover damages for injuries sustained when she fell over gravel and stone in Associated's parking lot. Associated cross-claimed against Posillico. The jury returned a general verdict in favor of plaintiff against all the defendants and a special verdict in favor of Associated...

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