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BRAZELL v. WELLS FARGO HOME MORTGAGE, INC.

42 A.D.3d 409 (2007)

839 N.Y.S.2d 758

SHELLEY BRAZELL et al., Plaintiffs, v. WELLS FARGO HOME MORTGAGE, INC., et al., Respondents, and NATASHA SINGH et al., Appellants-Respondents, et al., Defendant. WELLS FARGO HOME MORTGAGE, INC., et al., Third-Party Plaintiffs-Respondents, v. MORTGAGE CONTRACTING SERVICES, INC., Third-Party Defendant-Appellant-Respondent. MORTGAGE CONTRACTING SERVICES, INC., Second Third-Party Plaintiff-Respondent-Appellant, v. QUANTUMFACS, INC., Second Third-Party Defendant-Appellant-Respondent. MORTGAGE CONTRACTING SERVICES, INC., Third Third-Party Plaintiff-Respondent, v. RED HAWK PROPERTIES, LLC, Third Third-Party Defendant-Appellant, et al., Third Third-Party Defendant.

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

Decided July 26, 2007.

Defendants Wells Fargo Home Mortgage and Norwest Mortgage have settled the underlying personal injury action with plaintiffs. A tortfeasor that has obtained its own release from liability shall not be entitled to contribution from any other person or entity (General Obligations Law § 15-108 [c]). In that regard, a tortfeasor's claim for reimbursement against a successive, independent tortfeasor whose negligence aggravated the...

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