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HENRIQUEZ v. MISSION MOTOR LINES

72 Misc.2d 782 (1972)

Florence Henriquez, as Administratrix of The Estate of Juan Henriquez, Deceased, et al., Plaintiffs, v. Mission Motor Lines, Inc., et al., Defendants.

Supreme Court, Trial Term, New York County.

October 16, 1972

Attorney(s) appearing for the Case

Jawitz & Jawitz (Wilbur S. Talisman of counsel), for Florence Henriquez and others, plaintiffs. Melvin Sacks and Martin J. Shapiro for Netir Realty Corp., plaintiff. Alexander, Ash, Schwartz & Cohen (Martin Baxter of counsel), for defendants.

BENTLEY KASSAL, J.

Defendant has requested a charge instructing the jury on apportionment of liability between the defendant and one of the plaintiffs in accordance with the Dole v. Dow Chem. Co. (30 N.Y.2d 143) principle. This request is based upon the service of a "Notice of Vouching In" made after the selection of the jury. In essence, the issues herein presented...

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