Reinitz v. ARC Electrical Construction Co.

OPINION OF THE COURT

Harold J. Hughes, J.

Plaintiffs have submitted for settlement, on notice to the affected parties, a proposed judgment to be entered upon a verdict rendered after a jury trial. Defendant Walsh-Corbetta has moved, pursuant to CPLR 4533-b, for a determination of the proper amount to be deducted from the verdict to reflect settlements reached with other joint tortfeasors during the trial.

The question presented is: When the consideration for the release of a joint tort-feasor is the waiver of the lien of an insurance carrier under subdivision 1 of section 29 of the Workers’…