Brown v. Singh

4 Citing cases

  1. Moraskin v. Lati

    2023 N.Y. Slip Op. 6362 (N.Y. App. Div. 2023)

    Pursuant to General Obligations Law § 15-108(b), "[a] release given in good faith by the injured person to one tortfeasor as provided in [General Obligations Law § 15-108(a)] relieves him [or her] from liability to any other person for contribution as provided in article fourteen of the civil practice law and rules." Here, pursuant to General Obligations Law § 15-108(b), the release executed by Jelissa in favor of Nicole relieves Nicole from liability to the defendant for contribution (see Balkheimer v Spanton, 103 A.D.3d 603, 603; Brown v Singh, 222 A.D.2d 392, 392).

  2. U.S. Fire Ins. Co. v. Raia

    121 A.D.3d 970 (N.Y. App. Div. 2014)   Cited 9 times

    Here, U.S. Fire, upon settling with Raia, Rondos and Raia & Rondos, P.C., executed a release in favor of Raia, and a separate release in favor of Rondos, and Raia & Rondos, P.C., and there is no evidence in the record indicating that the releases were not given in good faith. Thus, Raia, Rondos, and Raia & Rondos, P.C., established, prima facie, that they were released from liability to C&C for contribution (see Balkheimer v. Spanton, 103 A.D.3d 603, 959 N.Y.S.2d 697 ; Ziviello v. O'Boyle, 90 A.D.3d 916, 917, 935 N.Y.S.2d 89 ; Boeke v. Our Lady of Pompei School, 73 A.D.3d 825, 826–827, 901 N.Y.S.2d 336 ; Kagan v. Jacobs, 260 A.D.2d 442, 442–443, 687 N.Y.S.2d 732 ; Brown v. Singh, 222 A.D.2d 392, 634 N.Y.S.2d 520 ). In opposition, C&C failed to raise a triable issue of fact.

  3. U.S. Fire Ins. Co. v. Raia

    114 A.D.3d 760 (N.Y. App. Div. 2014)

    Here, U.S. Fire, upon settling with Raia, Rondos, and the R & R firm, executed a release in favor of Raia, and a separate release in favor of Rondos and the R & R firm, and there is no evidence in the record indicating that the releases were not given in good faith. Thus, Raia, Rondos, and the R & R firm are relieved from liability to C & C for contribution ( see Balkheimer v. Spanton, 103 A.D.3d 603, 959 N.Y.S.2d 697;Ziviello v. O'Boyle, 90 A.D.3d 916, 917, 935 N.Y.S.2d 89;Boeke v. Our Lady of Pompei School, 73 A.D.3d 825, 826–827, 901 N.Y.S.2d 336;Kagan v. Jacobs, 260 A.D.2d 442, 442–443, 687 N.Y.S.2d 732;Brown v. Singh, 222 A.D.2d 392, 634 N.Y.S.2d 520). In opposition, C & C failed to raise a triable issue of fact.

  4. Nassau Cnty. v. Richard Dattner Architect, P.C.

    2006 N.Y. Slip Op. 30739 (N.Y. Sup. Ct. 2006)

    General Obligations Law §15-108(b) provides that a release given in good faith by an injured party to a tort-feasor relieves the settling party from any clam for contribution under CPLR Article 14. Any counterclaims or cross-claims against the settling party for contribution are statutorily barred and must be dismissed. Williams v. New York City Transit Auth., 9 A.D.3d 308 (1 Dept. 2004); Williams v. New York City Health and Hospitals Corp., 262 A.D.2d 231 (2 Dept. 1999); and Brown v. Singh, 222 A.D.2d 392 (2 Dept. 1995). If Plaintiff establishes the liability of any of the non-settling Defendants, the non-settling Defendants may then establish the liability of the settling party to obtain the reduction of damages for which the non-settling Defendant is responsible.