GLASER v. FORTUNOFF


71 N.Y.2d 643 (1988)

Carol L. Glaser et al., Plaintiffs, v. M. Fortunoff of Westbury Corp., Defendant and Second Third-Party Plaintiff-Appellant, et al., Third-Party Defendant, and George E. Froehlich, M.D., P. C., et al., Second Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided April 28, 1988.


Attorney(s) appearing for the Case

Nathan Cyperstein and Barbara M. Berk for defendant and second third-party plaintiff-appellant.

Wayne M. Rubin for second third-party defendants-respondents.

Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Chief Judge WACHTLER taking no part.


TITONE, J.

A tort-feasor's claim for reimbursement against a successive, independent tort-feasor whose negligence aggravated the injured plaintiff's damages is one in the nature of contribution, not indemnification. Consequently, General Obligations Law § 15-108 (c), which governs the effect of settlement on contribution but not indemnification causes of action...

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