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ZILLMAN v. MEADOWBROOK HOSP.

45 A.D.2d 267 (1974)

Dorothy Zillman et al., Plaintiffs, v. Meadowbrook Hospital Co., Inc. et al., Defendants. Mid-Island Hospital, Third-Party Plaintiff-Respondent; Meadowbrook Hospital, Co., Inc., Third-Party Defendant-Appellant

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

July 8, 1974.

Attorney(s) appearing for the Case

Joseph Jaspan, County Attorney (William S. Norden, Biagio F. Giaquinto and Benedict F. Romano of counsel), for appellant.

Kramer & Voletsky (Irving M. Kramer of counsel), for respondent.

HOPKINS, Acting P. J., COHALAN, CHRIST and BENJAMIN, JJ., concur.

SHAPIRO, J.

THE ISSUE

This appeal brings up for review another of the problems spawned in the wake of Dole v. Dow Chem. Co. (30 N.Y.2d 143). Specifically, the question here is whether an alleged successive tort-feasor may utilize Dole in order to seek an apportionment of damages from a prior alleged tort-feasor. We hold, under the factual circumstances...

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