Butler v. Primavera

¶1dissent in a memorandum by Carro, J., as follows: I would grant the motion by third-party defendant Sherwood Allen Salvan seeking summary judgment dismissing the third-party complaint. In this action for legal malpractice, it appears to me that there is no factual basis upon which defendant and third-party plaintiff Harvey Brown predicated his third-party action for contribution against Sal-van. (Cf., Schauer v Joyce, 54 NY2d 1, 6-7 [1981].) Accordingly, I dissent.