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SLATER v. AM. MIN. SPIRITS CO.

33 N.Y.2d 443 (1974)

Lucille W. Slater, as Executrix of Charles F. Slater, Deceased, Plaintiff, v. American Mineral Spirits Company et al., Defendants. Red Star Express Lines of Auburn, Inc. et al., Third-Party Plaintiffs-Appellants, v. Eastman Kodak Company, Third-Party Defendant-Respondent. Carl Smith, Plaintiff, v. Red Star Express Lines of Auburn, Inc. et al., Defendants. Red Star Express Lines of Auburn, Inc. et al., Third-Party Plaintiffs-Appellants, v. Eastman Kodak Company, Third-Party Defendant-Respondent. James H. Willmott, Plaintiff, v. Red Star Express Lines of Auburn, Inc. et al., Defendants. Red Star Express Lines of Auburn, Inc., Third-Party Plaintiffs-Appellants, v. Eastman Kodak Company, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1974.

Attorney(s) appearing for the Case

Stephen V. Lines and William T. Lehman for appellants.

William H. Morris for respondent.

Chief Judge BREITEL and Judges GABRIELLI and WACHTLER concur with Judge JONES; Judge JASEN dissents and votes to reverse in a separate opinion in which Judges RABIN and STEVENS concur.

JONES, J.

The principle of apportionment of liability articulated in Dole v. Dow Chem. Co. (30 N.Y.2d 143) is not available on application to reopen issues otherwise finally concluded merely because other aspects of litigation arising out of the same event are still pending in the judicial process.

On September 13, 1968 James Duffy had driven a Red Star Express...

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