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DAVIS v. ISAACSON

283 A.D.2d 349 (2001)

725 N.Y.S.2d 542

KARL DAVIS, Respondent, v. ISAACSON, ROBUSTELLI, FOX, FINE, GRECO & FOGELGAREN, P. C., et al., Respondents, and BERNARD A. KUTTNER, ESQ., Doing Business and Also Known as KUTTNER LAW OFFICES, et al., Appellants, et al., Defendants.

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

Decided May 29, 2001.

The IAS court erred in its failure to dismiss Isaacson's indemnity/contribution cross claim against defendants-appellants. Both defendants-appellants and Isaacson owed plaintiff independent, non-delegable duties of care. "When two tort-feasors neither act in concert nor contribute concurrently to the same wrong, they are not joint tort-feasors; rather, their wrongs are independent and successive" (Suria v Shiffman, 67 N.Y.2d 87,...

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