MITCHELL v. NEW YORK HOSP.


93 A.D.2d 832 (1983)

Michael Mitchell et al., Plaintiffs, v. New York Hospital, Defendant and Third-Party Plaintiff-Respondent. Syska & Hennessy, Inc., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant

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

April 11, 1983


Order reversed, on the law, without costs or disbursements, the third-party defendants' motions for summary judgment are granted as to the issue of contribution, third-party defendant Syska & Hennessy's motion is also granted as to the issue of contractual indemnity and the motions are otherwise denied.

It is well settled that a tort-feasor who has obtained its release from liability prior to a judgment, as the third-party plaintiff hospital did here by entering...

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