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MEAD v. BLOOM

94 A.D.2d 423 (1983)

James J. Mead, Respondent, v. Karen E. Bloom et al., Appellants

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

July 11, 1983

Attorney(s) appearing for the Case

Miles, Cochrane, Grosse, Rossetti & Chelus, P. C. (Charles DiPasquale and Raymond T. Miles of counsel), for Karen E. Bloom and another, appellants.

Dixon & DeMarie, P. C. (Joseph DeMarie of counsel), for Hallman-Adkins Chevrolet, appellant.

Paul William Beltz, P. C. for respondent.

DILLON, P. J., HANCOCK, JR., DOERR and MOULE, JJ., concur.

BOOMER, J.

Where an employer, vicariously liable for the negligent act of his employee, settles with the injured party, any verdict against the employee will be reduced only by the amount of the settlement and not by the amount of the employer's "equitable share of the damages" as provided by section 15-108 of the General Obligations Law. This is so because "section 15-108 is meant to be read in conjunction with the contribution rights set forth in article...

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