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Tanger v. Ferrer

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 2011
82 A.D.3d 564 (N.Y. App. Div. 2011)

Opinion

No. 4536.

March 17, 2011.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 1, 2010, which, to the extent appealed from, as limited by the briefs, granted third-party defendant's motion to dismiss the third-party complaint asserting a claim for contribution, unanimously affirmed, with costs.

Wilson Elser Moskowitz Edelman Dicker LLP, New York (Richard E. Lerner of counsel), for appellants.

Kramon Graham, P.A., Baltimore, MD (James P. Ulwick of the Bar of the State of Maryland, admitted pro hac vice of counsel), for respondent.

Before: Andrias, J.P., Saxe, Friedman, Moskowitz and Richter, JJ.


In this legal malpractice action, plaintiff alleges that defendant Alfred Ferrer III, when serving as a lawyer for him and his wife, negligently prepared three settlement tenders. Ferrer was employed by third-party defendant DLA Piper US LLP, formerly known as Piper Marbury LLP, when he prepared the first two tenders, and by defendant Eaton Van Winkle, LLP (EV) when he prepared the third tender. Ferrer and EV instituted a third-party action for, among other things, contribution against DLA Piper. DLA Piper moved to dismiss the third-party complaint against it, arguing, in pertinent part, that EV as a successive tortfeasor, had no right to contribution from it, as prior tortfeasor. We agree.

Where, as here, "the injuries caused by the original and successive tortfeasor are capable of being separated from or divided between one another, the successive tortfeasor, being liable only for the injuries that tortfeasor caused, has no right of contribution from the original tortfeasor" ( Cohen v New York City Health Hosps. Corp., 293 AD2d 702, 703).

[Prior Case History: 2010 NY Slip Op 31355(U).]


Summaries of

Tanger v. Ferrer

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 2011
82 A.D.3d 564 (N.Y. App. Div. 2011)
Case details for

Tanger v. Ferrer

Case Details

Full title:STEVEN TANGER, Plaintiff, v. ALFRED FERRER III et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 17, 2011

Citations

82 A.D.3d 564 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1954
918 N.Y.S.2d 719

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