Legal Opinion
Schipani v. McLeod
Court of Appeals for the Second Circuit
Decided August 15, 2008No. 06-5733-cvPublishedCited by 140 opinions
1Opinion of the Court
WESLEY, Circuit Judge:
Where a plaintiff settles with one of several joint tortfeasors, New York General Obligations Law § 15-108(a) provides that its claim against the remaining tort-feasors is reduced by the greater of: (1) the amount paid for the release; (2) the amount stipulated in the release; and (3) the released tortfeasor’s equitable share of the plaintiffs damages. 2 N.Y. Gen. Oblig. Law § 15-108(a). The New York Court of Appeals has held that while the first two reductions are available at any point before final judgment is entered, the third is lost where a defendant fails to seek…
2Cases cited27 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Ruotolo v. City of New YorkCourt of Appeals for the Second Circuit · 2008
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
22 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- Walters v. INDUSTRIAL AND COMMERCIAL BANK OF CHINACourt of Appeals for the Second Circuit · 2011
- Cappiello v. ICD Publications, Inc.Court of Appeals for the Second Circuit · 2013
- Koch v. GreenbergDistrict Court, S.D. New York · 2014
- FCS Advisors, Inc. v. Fair Finance Company, Inc.Court of Appeals for the Second Circuit · 2010
- Garcia v. Dutchess CountyDistrict Court, S.D. New York · 2014
135 more not listed; retrieve them via the Exa API.