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SCHIPANI v. McLEOD

No. 06-5733-cv.

541 F.3d 158 (2008)

Frank SCHIPANI and Olga Schipani, Plaintiffs-Appellants, v. William S. McLEOD, D.P. Gallimore & Sons and Brian J. Ruzalski, Defendants-Cross-Defendants-Appellees. Rudolph Byrd, R. Byrd Trucking Co. and Charles Curry, Defendants-Cross-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 29, 2008.

Amended: August 15, 2008.

Attorney(s) appearing for the Case

Lester B. Herzog, Brooklyn, NY, for Appellants.

Eric P. Tosca, Law Offices of John P. Humphreys, New York, NY, for Appellee D.P. Gallimore & Sons.

Before: WESLEY and HALL, Circuit Judges, and KOELTL, District Judge.

WESLEY, Circuit Judge:

Where a plaintiff settles with one of several joint tortfeasors, New York General Obligations Law § 15-108(a) provides that its claim against the remaining tortfeasors is reduced by the greater of: (1) the amount paid for the release; (2) the amount stipulated in the release; and (3) the released tortfeasor's equitable share of the plaintiff's damages.2 N.Y. Gen. Oblig. Law § 15-108(a). The New York Court...

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