FRANZEK v. CALSPAN CORP.


78 A.D.2d 134 (1980)

Michael J. Franzek, Appellant, v. Calspan Corporation, Appellant, and Niagara Gorge River Trips, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Zodiac, S. A., Third-Party Defendant-Appellant

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

December 23, 1980


Attorney(s) appearing for the Case

Grossman, Levine & Civiletto (Stanley Grossman of counsel), for Michael J. Franzek, appellant.

O'Shea, Adamson, Reynolds & Napier (John E. Adamson of counsel), for Calspan Corporation, appellant.

Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy (Bruce J. Hector of counsel), for Zodiac, S. A., third-party defendant-appellant.

Harrison & Gruber (Fenton F. Harrison of counsel), for respondents.

SIMONS, HANCOCK, JR., CALLAHAN and MOULE, JJ., concur.


CARDAMONE, J. P.

Before embarking on a hazardous trip with defendant, plaintiff signed a release waiving all claims caused by defendant's negligence which he might have against defendant. We hold that release to be valid. The more difficult question is — does the release insulate this defendant from the claims for contribution made by the other defendants involved. In our view it does not.

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