ZONA v. OATKA REST. & LOUNGE, INC.


68 N.Y.2d 824 (1986)

Robert D. Zona, as Administrator of The Estate of Margaret P. Zona, Deceased, and as Legal Guardian of Amy Zona, an Infant, Plaintiff, v. Oatka Restaurant and Lounge, Inc., Defendant and Third-Party Plaintiff-Appellant. Robert D. Zona, as Administrator of The Estate of Thomas P. Zona, Deceased, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 7, 1986.


Attorney(s) appearing for the Case

Charles A. Hall for appellant.

Thomas G. Collins for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the third-party defendant's motion to dismiss the third-party complaint should be denied.

The policy of the law, as declared by the Legislature in CPLR 1401, is to allow contribution "unless it is clear that the legislative policy which led to the passage of the statute would be frustrated by the granting of contribution in favor of...

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