PFENNING v. AGRI-BUISNESS BROKERAGE CORP.


152 A.D.2d 921 (1989)

Harvey H. Pfenning et al., Plaintiffs, v. Agri-Business Brokerage Corp. et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. William Perry et al., Third-Party Defendants-Appellants

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

July 12, 1989


Order affirmed with costs for reasons stated in decision at Supreme Court, Rath, J.

Lawton, J. (dissenting).

I respectfully dissent. A claim for contribution will lie only when the culpable parties are subject to liability "for the same personal injury, injury to property or wrongful death" (CPLR 1401). For this claim to be sustained, therefore, the parties must have contributed to the same injury (see, Nassau Roofing & Sheet Metal...

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