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TARANTOLA v. WILLIAMS

48 A.D.2d 552 (1975)

Daniel Tarantola, Also Known as Donato Tarantola, et al., Plaintiffs, v. Ronda Williams, Defendant, and Peter Leonforte, Defendant and Third-Party Plaintiff-Appellant. Sheila M. Nigl et al., Third-Party Defendants-Respondents

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

July 14, 1975

Attorney(s) appearing for the Case

A. Paul Goldblum for appellant.

Curtis, Hart & Zaklukiewicz (Edward J. Hart of counsel), for respondents.

LATHAM and CHRIST, JJ., concur with RABIN, J.; GULOTTA, P. J., concurs in result, with a separate opinion; MARTUSCELLO, J., dissents and votes to affirm.

RABIN, J.

The issue presented is whether a general release granted by one tort-feasor to another will defeat an otherwise valid right to apportionment of liability.

This controversy arises from an accident involving four automobiles which occurred on the Long Island Expressway, July 11, 1973. Plaintiff Daniel Tarantola was operating an automobile owned by his wife, coplaintiff Rose Tarantola. Peter Leonforte...

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