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PARSONS v. PAPPAS

41 A.D.2d 897 (1973)

Leroy Parsons, Respondent, v. John J. Pappas, Appellant, and Irving G. Parsons, Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 13, 1973

Judgment unanimously affirmed, with costs.

Memorandum:

While the question of the defendants' negligence was one of fact and properly passed upon by the jury, this may well be a case for application of the rule of apportionment between joint tort-feasors as stated in Dole v. Dow Chem. Co. (30 N.Y.2d 143) and Kelly v. Long Is. Light. Co. (31 N.Y.2d 25) which rule was enunciated...

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