Opinion
March 18, 1999
Appeal from the Supreme Court, Bronx County (Stanley Green, J.).
Defendants' right to contribution from the joint tortfeasor third-party defendants, pursuant to CPLR article 14, was not extinguished when defendants settled the case after a judgment determining both liability and damages was signed but before it was entered (General Obligations Law § 15-108 [c]; Orsini v. Kugel, 9 F.3d 1042, 1048; see also, Makeun v. State of New York, 98 A.D.2d 583, 590). Further, the IAS Court did not err in signing the judgment disposing of the main action without notifying third-party defendants. The subject judgment, awarding damages structured pursuant to CPLR article 50-B, was not one requiring the consent of third-party defendants pursuant to CPLR 5041 (f), and, in any event, third-party defendants have made no showing that settlement of the main action judgment in their absence was prejudicial to them, much less that there are grounds warranting vacatur of that judgment or the subsequent judgment in the third-party action.
Concur — Sullivan, J. P., Lerner, Andrias and Saxe, JJ. [ See, 175 Misc.2d 289.]