Garlock v. New York Tree Savers, Inc.

HENDERSON, District Judge.

The defendant has pleaded, as part of its answer, an affirmative defense of the bar of an allegedly general release-given by plaintiff wife to plaintiff husband prior to the commencement of this action. The release was given in consideration of $6,000, paid to the wife by the-husband’s liability insurer. In pleading •the defense, defendant relies upon the general rule that the release of one jointtortfeasor releases other joint-tortfeasors in the absence of a specific reservation in the release. Lucio v. Curran, 2 N.Y.2d 157, 162, 157 N.Y.S.2d 948, 952, 139 N.E. 2d…