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LIEBMAN v. COUNTY OF WESTCHESTER

71 Misc.2d 997 (1972)

Marc Liebman, Plaintiff, v. County of Westchester et al., Defendants. (Action No. 1) George W. Scott et al., Third-Party Plaintiffs, v. Sheldon Safer et al., Third-Party Defendants. Edward Safer, Individually and as Natural Guardian for Sheldon Safer, an Infant, et al., Plaintiffs, v. County of Westchester et al., Defendants. (Action No. 2) Michael Ende, an Infant by His Father and Natural Guardian Sidney Ende, et al., Plaintiffs. v. County of Westchester et al., Defendants. (Action No. 3) George W. Scott, Plaintiff, v. Fanny Safer et al., Defendants. (Action No. 4) Michael Ende et al., Plaintiffs, v. Fanny Safer et al., Defendants. (Action No. 5)

Supreme Court, Westchester County.

October 24, 1972

Attorney(s) appearing for the Case

Katz & Gantman for Fanny Safer and another, defendants in Actions Nos. 4 and 5 and for Sheldon Safer, third-party defendant in Action No. 1. Cymrot, Wolin & Simon for George W. Scott and others and third-party plaintiffs in Action No. 1. Emile Zola Berman and A. Harold Frost for plaintiffs in Action No. 1.

JOSEPH F. GAGLIARDI, J.

Third-party defendants, Sheldon and Fanny Safer, have brought on a motion to dismiss the third-party complaint in action number one. This motion raises important questions regarding the application of the apportionment principles set forth in Dole v. Dow Chem. Co. (30 N.Y.2d 143) and Kelly v. Long Is. Light. Co. (31 N...

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