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KELLY v. NEW YORK TEL. CO.

100 A.D.2d 537 (1984)

Jeanne Kelly, Plaintiff, v. New York Telephone Company, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Frank H. Schaefer, Third-Party Defendant-Appellant

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

March 12, 1984

¶ Order reversed, on the law, with costs, motion granted, third-party action severed and third-party complaint dismissed.

¶ Respondent has no cause of action against appellant. Plaintiff in the main action has released appellant in exchange for substantial consideration. Therefore, as a settling tort-feasor with no potential liability for contribution, appellant is entitled to dismissal of the third-party complaint (see General Obligations Law, § 15...

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