Legal Opinion
Mielcarek v. Knights
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 1975PublishedCited by 25 opinions
1Opinion of the CourtCardamone, J.
*124QUESTION PRESENTED
The sole question to be determined upon this appeal is whether one tort-feasor who has settled with and obtained a release from the plaintiff, and as to whom the plaintiff is willing to discontinue, is entitled to an order of discontinuance; or is he required to attend and participate as a party defendant in the trial of the action against the remaining defendant tort-feasors.
STATUTE
The controlling statute is section 15-108 of the General Obligations Law the amendment of which in 1974 (L 1974, ch 742) became effective September 1, 1974. It provides that when a release is…
2Cases cited2 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Blass v. HennesseyAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by25 opinions
- Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
- County of Westchester v. Welton Becket AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- Apple v. Jewish Hospital & Medical CenterCourt of Appeals for the Second Circuit · 1987
- In Re Eastern & Southern Districts Asbestos LitigationDistrict Court, S.D. New York · 1991
- Apple v. Jewish HospitalCourt of Appeals for the Second Circuit · 1987
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