SPECIALIZED INDUS. SERVS. CORP. v. CARTER

2011-03670.

99 A.D.3d 692 (2012)

952 N.Y.S.2d 97

2012 NY Slip Op 6594

SPECIALIZED INDUSTRIAL SERVICES CORP., Plaintiff, v. BENJAMIN E. CARTER, Defendant/Third-Party Plaintiff-Appellant. DOUGLAS A. DURNIN et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

October 3, 2012.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the third-party defendants-respondents appearing separately and filing separate briefs.

The Supreme Court properly determined that an attorney may not seek contribution under CPLR 1401 for any part of an award made pursuant to Judiciary Law § 487. "The policy of the law, as declared by the Legislature in CPLR 1401, is to allow contribution `unless it is clear that the...

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