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SCHLIMMEYER v. YURKIW

80 Misc.2d 226 (1974)

William H. Schlimmeyer, as Father and Natural Guardian of John H. Schlimmeyer, et al., Plaintiffs, v. Mark Yurkiw et al., Defendants.

Supreme Court, Special Term, Sullivan County.

December 30, 1974

Attorney(s) appearing for the Case

Goldstein & Goldstein for plaintiffs. Rassner & Rassner and Martin Rosenblum for Mark Yurkiw, defendant. Appelbaum & Eisenberg for Keith Mac Kechnie and another, defendants.

A FRANKLIN MAHONEY, J.

This motion presents the issue of whether new article 14 of the CPLR, effective September 1, 1974, changed the decisional law developed subsequent to Dole v. Dow Chem. Co. (30 N.Y.2d 143) that the plaintiff, after establishing at trial liability of more than one defendant, is entitled to recover one judgment against all defendants and execute the same against any one of them (Kelly v...

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