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DIDNER v. KEENE CORP.

188 A.D.2d 15 (1993)

Marlene Didner, Individually and as Executrix of Saul Didner, Deceased, Respondent, v. Keene Corporation, Appellant, et al., Defendants

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

February 9, 1993

Attorney(s) appearing for the Case

Andrew T. Berry of counsel (John C. Garde and Debra M. Perry with him on the brief; McCarter & English, attorneys), for appellant.

Perry S. Reich of counsel (Sybil Shainwald with him on the brief; attorneys), for respondents.

MILONAS, J. P., KUPFERMAN and KASSAL, JJ., concur with ELLERIN, J.; ASCH, J., dissents in a separate opinion.

ELLERIN, J.

On this appeal we are once again confronted with an issue as to how the provisions of General Obligations Law § 15-108 are to be construed in the context of a multidefendant tort litigation, a format that is becoming increasingly common in our trial courts. (See, e.g., Williams v Niske, 181 A.D.2d 307, lv granted 186 A.D.2d 1099.)

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