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ANDERSON v. COMARDO

107 Misc.2d 821 (1981)

Robert A. Anderson, Individually and as Administrator of The Estates of Judy Anderson and Others, Deceased, et al., Plaintiffs, v. Phillip Comardo et al., Defendants. Interstate United Corporation et al., Defendants and Third-Party Plaintiffs, v. Donald A. Rowe, Third-Party Defendant.

Supreme Court, Livingston County.

February 11, 1981

Attorney(s) appearing for the Case

Hurwitz & Fine. P. C. (James D. Gauthier of counsel), for plaintiffs. Kevin D. Earl for Phillip Comardo and another, defendants. Shults & Shults for Frank Whitman, defendant. Harris, Beach, Wilcox, Rubin & Levey (William L. Dorr of counsel), for third-party plaintiffs. Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Louis D'Amanda of counsel), for third-party defendant.

DAVID O. BOEHM, J.

In this motion for dismissal of a third-party complaint we are squarely faced with the question of whether the public policy underlying New York State's Dram Shop Act (General Obligations Law, § 11-101) permits a defendant charged with liability under that statute to seek indemnity or contribution from a vendee whose negligence may have contributed to the complained of injuries.

Section 11-101 of the General Obligations...

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