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GARRETT v. HOLIDAY INNS

58 N.Y.2d 253 (1983)

Timothy S. Garrett, Individually and as Limited Administrator of The Estate of Nancy J. Garrett, Deceased, Plaintiff, v. Holiday Inns, Inc., et al., Appellants, et al., Defendants, and Town of Greece, Respondent. (Four Main Actions and 20 Third-Party Actions.)

Court of Appeals of the State of New York.

Decided February 23, 1983.

Attorney(s) appearing for the Case

Harold A. Kurland, David M. Lascell and Carolyn G. Nussbaum for Holiday Inns, Inc., appellant.

Dennis R. McCoy for Anthony Comparato, appellant.

Robert J. Burke and John M. Bansbach for Leo Spezio and others, appellants.

Charles A. Hall for respondent.

Judges JONES, FUCHSBERG and MEYER concur with Judge WACHTLER; Chief Judge COOKE dissents in part and votes to affirm for the reasons stated in the opinion by Justice RICHARD D. SIMONS at the Appellate Division (); Judge JASEN dissents in part and votes to affirm in a separate opinion; Judge SIMONS taking no part.

WACHTLER, J.

Appellants, as third-party plaintiffs in these actions, seek to hold a municipality proportionately liable to the extent that its negligent conduct contributed to the occurrence of a motel fire, for which appellants may be cast in damages to plaintiff motel guests and their representatives. Two questions are presented for our determination. First, despite...

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