RUBEL v. STACKROW


72 Misc.2d 734 (1973)

Frank J. Rubel, Plaintiff, v. John W. Stackrow, Doing Business as Little Times Square Tavern, et al., Defendants.

Supreme Court, Trial Term, Albany County.

February 12, 1973


Attorney(s) appearing for the Case

Shanley & Shanley (E. Stewart Jones of counsel), for plaintiff. John Kelly for John W. Stackrow, defendant. Ainsworth, Sullivan, Tracy & Knauf for Verdiles Holding Corp., defendant. John Serbalik (Dugan, Lyons, Murphy, Pentak & Brown of counsel), for Orthodox Christian Association of Cohoes, Inc., defendant.


HAROLD J. HUGHES, J.

This is a motion by defendant Orthodox Christian Association of Cohoes, Inc., pursuant to CPLR 3025 (subd. [b]), for leave to amend its answer to assert cross claims against the other defendants for an apportionment of liability in accordance with Dole v. Dow Chem. Co. (30 N.Y.2d 143). The question raised is whether the rule announced in Dole should be extended to an action based on...

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