Short v. Thygiesen

This is a motion for summary judgment by defendant Thygiesen against defendant Dibble in a familiar setting since Dole v Dow Chem. Co. (30 NY2d 143) and other kindred cases out of which arose the enactment, effective September 1, 1974, of section 15-108 of the General Obligations Law and CPLR article 14.

The facts are simple. Infant plaintiff was a passenger in the Thygiesen car at the time it was in an accident with Dibble. She sued both defendants. Thereafter, in June, 1973, Thygiesen, through his carrier, offered full policy limits of $10,000 *787to settle with plaintiffs. The release by…