Parsons v. Pappas — 41 A.D.2d 897

Majority

p. 897

Leroy Parsons, Respondent, v. John J. Pappas, Appellant, and Irving G. Parsons, Defendant.

Judgment unanimously affirmed, with costs. Memorandum: While the question of the defendants’ negligence was one of fact and properly passed upon by the jury, this may well be a case for application of the rule of apportionment between joint tort-feasors as stated in Dole v. Dow Chem. Co. ( 30 N Y 2d 143 ) and Kelly v. Long Is. Light. Co. ( 31 N Y 2d 25 ) which rule was enunciated during the course of this trial. If the defendants so stipulate, that determination may be made by a Trial Judge on the basis of the record as it now stands. If they do not so stipulate, it may be the subject of another action. (Stein v. Whitehead, 40 A D 2d 89 , 93.) (Appeal from judgment of Steuben Trial Term in automobile negligence action.) Present — Goldman, P. J., Witmer, Moule, Simons and Henry, JJ.

Cases cited

Dole v. Dow Chemical Co. 30 N Y 2d 143 N.Y. 1972-03-22 p. 897
Kelly v. Long Island Lighting Co. 31 N Y 2d 25 N.Y. 1972-06-08 p. 897
Stein v. Whitehead 40 A D 2d 89 N.Y. App. Div. 1972-11-20 at 93 p. 897