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CITY OF UTICA v. HOLT

88 Misc.2d 206 (1976)

City of Utica, Plaintiff, v. Richard Holt et al., Defendants.

Supreme Court, Oneida County.

September 27, 1976

Attorney(s) appearing for the Case

Sugarman, Wallace, Manheim & Schoenwald (Charles M. Manheim of counsel), for Henrietta S. Baird as executrix, defendant. Welch, Streb, Porter & Cicoria for Richard Holt, defendant. Feldshuh & Frank for Georgian Courts of Utica, Inc., defendant. Gwertzman, Nagelberg & Pfeffer for Robert A. Gordon and others, defendants. Joseph R. Mascaro, Corporation Counsel, for plaintiff.

STEWART F. HANCOCK, JR., J.

Defendant Baird's motion to dismiss the first cause of action pursuant to CPLR 3211 (subd [a], par 7) presents a question concerning claimed rights of contribution between independent and successive tort-feasors arising under Dole v Dow Chem. Co. (30 N.Y.2d 143) and CPLR 1401. The plaintiff city is being sued by a fireman who was injured...

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