WISEMAN v. 374 REALTY CORP.


54 A.D.2d 119 (1976)

Olga Wiseman, as Administratrix of The Estate of Meyer Wiseman, Deceased, Plaintiff, v. 374 Realty Corp., Respondent, and Presbyterian Hospital et al., Appellants

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

October 28, 1976


Attorney(s) appearing for the Case

Brian P. Mullen of counsel (Berel, Navarro & Mullen, P.C., attorneys), for H. Houston Merritt, appellant.

Alexander M. Selkirk, Jr., of counsel (Furey & Mooney, attorneys), for Presbyterian Hospital, appellant.

James B. Reich of counsel (Julius Gantman, attorney), for respondent.

LUPIANO, BIRNS, SILVERMAN and NUNEZ, JJ., concur.


MURPHY, J.P.

The question presented on this appeal is whether Special Term prematurely dismissed appellants' cross claims for apportionment under the doctrine of Dole v Dow Chem. (30 N.Y.2d 143). The court initially denied such relief, but reversed itself on reargument. For the reasons hereinbelow stated, we believe Special Term should have adhered to its original determination...

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