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ROSADO v. PROCTOR & SCHWARTZ

106 A.D.2d 27 (1984)

Hector Rosado, Plaintiff, v. Proctor & Schwartz, Inc., Defendant and Third-Party Plaintiff-Appellant. Comet Fibers, Inc., Third-Party Defendant-Respondent

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

December 27, 1984

Attorney(s) appearing for the Case

Irwin H. Haut of counsel (Morris, Duffy, Ivone & Jensen, attorneys), for defendant and third-party plaintiff-appellant.

Anne Flanagan of counsel (Eileen Eglin and Michael N. Stevens with her on the brief; Wilson, Elser, Edelman & Dicker, attorneys), for third-party defendant-respondent.

SANDLER, J. P., concurs with FEIN, J.; SILVERMAN, J., concurs in an opinion; KASSAL, J., dissents in a separate opinion.

FEIN, J.

The facts are fairly stated in the dissent.

It is conceded that no claim for contribution is now available. Any such claim, founded upon negligence, has been extinguished by reason of the settlement of plaintiff's claims against the third-party defendant (Comet) and the third-party plaintiff (Proctor) (General Obligations Law, § 15-108, subds [b], [c]; McDermott v City of New York, 50 N.Y.2d 211

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