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BERGAN v. HOME FOR INCURABLES

75 A.D.2d 762 (1980)

Fred Bergan, Respondent, v. Home for Incurables et al., Respondents St. Barnabas Hospital et al., Third-Party Plaintiffs-Respondents, v. Bronx Municipal Hospital Center et al., Third-Party Defendants-Appellants

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

May 13, 1980

The question presented for our review is whether an alleged successive and independent tort-feasor may seek apportionment of damages under the Dole doctrine (Dole v Dow Chem. Co., 30 N.Y.2d 143), from an alleged prior tort-feasor. Under the facts presented herein, we find that apportionment is not warranted and that the third-party complaint is insufficient as a matter of law. On January 28, 1973, plaintiff was admitted to...

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