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KLINGER v. DUDLEY

41 N.Y.2d 362 (1977)

Lora H. Klinger, Individually and as Administratrix of The Estate of Richard B. Klinger, Deceased, Appellant, v. Jerry Dudley et al., Defendants and Third-Party Defendants-Respondents, and Frank Leone, Appellant, et al., Defendant. Frank Leone, Third-Party Plaintiff-Appellant, v. Steven F. Smith et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. Joseph Valentino et al., Plaintiffs, v. John H. Thompson et al., Defendants. Joseph Kaban, Appellant, v. John H. Thompson et al., Respondents. Eugenia Kaban, Appellant, v. John H. Thompson et al., Respondents. John H. Thompson et al., Third-Party Plaintiffs-Appellants, v. Manhattan Boiler and Equipment Corporation et al., Third-Party Defendants-Respondents. (And Another Action.)

Court of Appeals of the State of New York.

Decided February 17, 1977.

Attorney(s) appearing for the Case

James N. Hite, Buffalo, for Lora H. Klinger, appellant.

William R. Blood, Jamestown, for Frank Leone, appellant.

Irving C. Maghran, Jr., Buffalo, for Jerry Dudley and another, defendants and third-party defendants-respondents.

John J. Sullivan, Jr., Buffalo, for Steven F. Smith and another, third-party defendants-respondents.

Harry T. Constas and Charles F. McGuire, New York City, for Joseph Kaban and another, appellants.

John H. Nelson, Mineola, for Manhattan Boiler and Equipment Corporation, third-party defendant-respondent.

William J. Ferretti and John G. Logue, New York City, for Sophie Nosaniuk, third-party defendant-respondent.

Philip Hoffer, Raymond J. MacDonnell, Rose L. Hoffer and Peter T. Affatato, New York City, for John H. Thompson and another, defendants.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge FUCHSBERG taking no part.

COOKE, J.

We consider here yet another issue arising from the apportionment of liability permitted under Dole v Dow Chem. Co. (30 N.Y.2d 143). The issue has presently arisen in two multiple-party cases, the relevant facts of which are recited below.

Klinger v Dudley

Plaintiff Lora H. Klinger brought an action for the wrongful death of her husband...

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