SEYMOUR v. BALATA BELTING CO.


174 Misc.2d 677 (1997)

665 N.Y.S.2d 1010

Heather Seymour, Plaintiff, v. Victor Balata Belting Company, Defendant and Third-Party Plaintiff. Fleischer's Bagels Company, Third-Party Defendant.

Supreme Court, Monroe County.

September 16, 1997


Attorney(s) appearing for the Case

Johnson, Mullan & Brundage, P. C., Rochester (George A. Schell of counsel), for plaintiff. Richard T. Moran, Liverpool (Frederick F. Schantz of counsel), for defendant and third-party plaintiff. Saperston & Day, P. C., Rochester (Robert M. Shaddock of counsel), for third-party defendant.


ANDREW V. SIRACUSE, J.

In 1996 the New York State Legislature put an end to most contribution and indemnification claims under the rule in Dole v Dow Chem. Co. (30 N.Y.2d 143; L 1996, ch 635). Soon after September 10, 1996, the effective date of the legislation, courts were called upon to decide if the changes were to be effective prospectively or retroactively. After...

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