MITCHELL v. NEW YORK HOSP.


61 N.Y.2d 208 (1984)

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

Court of Appeals of the State of New York.

Decided February 23, 1984.


Attorney(s) appearing for the Case

Barry Jacobs and Richard T. Farrell for defendant and third-party plaintiff-appellant.

Robert M. Callagy and Ronald R. Papa for Syska & Hennessy, Inc., third-party defendant-respondent.

Anthony J. McNulty and A. Paul Goldblum for Wolf & Munier, Inc., third-party defendant-respondent.

Morgan Kennedy, Benjamin J. Sergi and Thomas E. Paterson for Utilex Demolition, Inc., third-party defendant-respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.


JASEN, J.

On this appeal, we are asked to decide whether subdivision (c) of section 15-108 of the General Obligations Law, which prohibits a settling tort-feasor from obtaining contribution from another person, can be waived by agreement of all parties to the litigation.

Michael Mitchell, one of the plaintiffs in the underlying action, was employed by third-party defendant, Wolf & Munier, Inc. (W...

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