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ROSE v. THAU

75 Misc.2d 387 (1973)

Grant R. Rose, an Infant by Raymond P. Rose, His Father, et al., Plaintiffs, v. Samuel Thau, as Administrator of The Estate of Richard J. Thau, Deceased, Defendant. Grant R. Rose, an Infant by Raymond P. Rose, His Father, et al., Plaintiffs, v. Winifred D. Lucy, Defendant. Samuel Thau, as Administrator of The Estate of Richard J. Thau, Deceased, Defendant and Third-Party Plaintiff, v. Winifred D. Lucy, Third-Party Defendant.

Supreme Court, Special Term, Chemung County.

September 6, 1973

Attorney(s) appearing for the Case

Donovan, Graner, Davidson & Burns (D. Bruce Crew, III, of counsel), for defendant and third-party plaintiff. Harpending, Fox, Buck, Gleckner & Danaher (Arlington R. Gleckner of counsel), for third-party defendant. De Filippo Brothers for plaintiffs.

RICHARD F. KUHNEN, J.

This motion arises out of a personal injury lawsuit tried in Chemung County in May of 1973. In two separate actions plaintiff Rose sued Thau and Lucy. Pursuant to the right of action afforded defendant tort-feasors in Dole v. Dow (30 N.Y.2d 143), petitioner Thau commenced a third-party action for proportional indemnification against Lucy. All actions were tried jointly. The jury found for...

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