MAKOSKE v. LOMBARDY


47 A.D.2d 284 (1975)

Mary Makoske et al., Plaintiffs, v. Ralph J. Lombardy, Defendant; John W. Trolenberg, Defendant and Third-Party Plaintiff-Respondent; Montgomery Ward & Co., Inc., Third-Party Defendant-Appellant

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

April 17, 1975


Attorney(s) appearing for the Case

Miner & Miner for plaintiffs.

Ainsworth, Sullivan, Tracy & Knauf (John E. Knauf of counsel), for third-party defendant-appellant.

Hesson, Ford, Grogan, Sherwood & Whalen (Thomas A. Ford of counsel), for defendant and third-party plaintiff-respondent.

St. John, Ronder & Bell for Ralph J. Lombardy, defendant.

SWEENEY and MAIN, JJ., concur with KANE, J.; HERLIHY, P. J., concurs in a separate opinion; GREENBLOTT, J., dissents and votes to dismiss in an opinion.


KANE, J.

Plaintiff Mary Makoske* seeks to recover damages for personal injuries sustained while she was riding as a passenger in an automobile owned and operated by the defendant Ralph J. Lombardy when it collided with a vehicle owned and operated by the defendant and third-party plaintiff John W. Trolenberg who, in turn, seeks apportionment of any damages recovered against him from...

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