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NEGRON v. TOPELSON

50 A.D.3d 531 (2008)

854 N.Y.S.2d 894

JOANN NEGRON, Plaintiff, v. DANIEL GRINBERG TOPELSON et al., Defendants. CHRYSLER FINANCIAL COMPANY, LLP, Third-Party Plaintiff-Appellant, v. RICHARD RADNA, M.D., Third-Party Defendant-Respondent.

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

Decided April 24, 2008.

The plain language of General Obligations Law § 15-108 (c) bars the contribution claim of the settling defendant/third-party plaintiff against the nonsettling third-party defendant (see Chase Manhattan Bank v Akin, Gump, Strauss, Hauer & Feld, 309 A.D.2d 173, 174 [2003]). As the Court of Appeals has stated, "[S]urrender of the right to contribution is a small price to ask of a defendant who is intent on avoiding litigation...

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