Legal Opinion

Mitchell v. New York Hospital

New York Court of Appeals

Decided February 23, 1984PublishedCited by 137 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

On this appeal, we are asked to decide whether subdivision (c) of section 15-108 of the General Obligations Law, which prohibits a settling tort-feasor from obtaining contribution from another person, can be waived by agreement of all parties to the litigation.

Michael Mitchell, one of the plaintiffs in the underlying action, was employed by third-party defendant, Wolf & Munier, Inc. (W & M), as a steamfitter. On August 20, *2121976, he was working at defendant third-party plaintiff New York Hospital (Hospital) replacing steam boilers and performing other tasks…

2Cases cited16 opinions

  1. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  2. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  3. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  4. Martin v. City of CohoesNew York Court of Appeals · 1975
  5. Codling v. PagliaNew York Court of Appeals · 1973

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3Cited by137 opinions

  1. Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
  2. Town of Orangetown v. MageeNew York Court of Appeals · 1996
  3. Louis Orsini and Mary Orsini v. Nahum Kugel and German C. Garcia, Jean Paul Pierre and Moisture Hacking Corp., Chris Roos and George RoosCourt of Appeals for the Second Circuit · 1993
  4. Glaser v. M. Fortunoff of Westbury Corp.New York Court of Appeals · 1988
  5. Williams v. SahayAppellate Division of the Supreme Court of the State of New York · 2004

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