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BLUMBERG v. GOLDBERG

261 A.D.2d 250 (1999)

690 N.Y.S.2d 237

LEONARD BLUMBERG et al., Plaintiffs, v. JOSEPH GOLDBERG et al., Defendants. PATIENT'S FIRST MEDICAL CARE, P. C., et al., Third-Party Plaintiffs-Respondents, v. I. RAUSCH & SONS, Third-Party Defendant-Appellant.

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

Decided May 18, 1999.

The motion of third-party defendant I. Rausch & Sons (Rausch) was properly denied since Rausch failed to meet its burden, at this stage of the proceedings prior to the completion of discovery, of tendering sufficient medical proof in admissible form to establish that plaintiff's injuries could be reasonably allocated or divided among the alleged prior and successive tortfeasors (compare, Dubrey v Champlain Val. Physicians...

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