Legal Opinion
Whalen v. Kawasaki Motors Corp.
New York Court of Appeals
Decided October 15, 1998PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In this personal injury action involving multiple defendants, plaintiff before trial settled with the Kawasaki defendants/manufacturers, and at trial was found to share comparative fault with the remaining nonsettling defendant/ retailer, Robinson Cycle Sales, Inc. We must decide whether plaintiff’s recovery by verdict should be first reduced in accordance with the comparative fault provisions of CPLR 1411, or by the settlement set-off rule codified in General Obligations Law § 15-108 (a). A threshold issue, however, is whether under the circumstances of this…
2Cases cited17 opinions
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Goulet v. Whitin MacHine Works, Inc.Massachusetts Supreme Judicial Court · 1987
- Rittenhouse v. ErhartMichigan Supreme Court · 1986
- In re New York City Asbestos LitigationAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by55 opinions
- Schipani v. McLeodCourt of Appeals for the Second Circuit · 2008
- Adamy v. ZiriakusNew York Court of Appeals · 1998
- Koch v. GreenbergDistrict Court, S.D. New York · 2014
- Oakes v. PatelNew York Court of Appeals · 2013
- Barkley v. United Homes, LLCDistrict Court, E.D. New York · 2012
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