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DOUNDOULAKIS v. TN OF HEMPSTEAD

51 A.D.2d 302 (1976)

Helias Doundoulakis et al., Respondents-Appellants, v. Town of Hempstead, Appellant-Respondent, et al., Respondents

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

March 11, 1976

Attorney(s) appearing for the Case

Crowe, McCoy, Agoglia & Zweibel (Harold V. McCoy and Morris Zweibel of counsel), for appellant-respondent.

Hall, Casey & Dickler (William J. Steinbrecher of counsel), for respondents-appellants.

Quirk & Bakalor, P. C. (Richard Bakalor of counsel), for Gahagan Dredging Corporation, respondent.

Hart & Hume (Vincent J. Zichello and Joseph A. Bergadano of counsel), for A. James DeBruin, respondent.

HOPKINS, Acting P. J., LATHAM and MARGETT, JJ., concur with CHRIST, J.; SHAPIRO, J., dissents and votes to reverse the judgment and grant a new trial, with an opinion.

CHRIST, J.

The core issue on these cross appeals is whether strict liability can and should be imposed (and an apportionment had pursuant to Dole v Dow Chem. Co., 30 N.Y.2d 143) upon a municipality, its consulting engineer and its dredging contractor for damages to the plaintiffs' bulkheads and for the loss of use, which damages were allegedly caused by the subterranean...

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