Goodfellow v. Lyons Trans. Lines, Inc.

OPINION OF THE COURT

Joseph J. Sedita, J.

A unique question is presented by this motion to dismiss plaintiff’s complaint pursuant to General Obligations Law § 15-108.

At issue is whether or not the subrogation of a claim by the plaintiff pursuant to contract rights precludes continuation of this lawsuit against these defendants. Defendants rely on General Obligations Law § 15-108 (c) which states: “Waiver of contribution. A tortfeasor who has obtained his own release from liability shall not be entitled to contribution from any other person.”

This controversy arose out of an accident in August of…