[Download] "County Westchester v. Welton Becket Associates Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: County Westchester v. Welton Becket Associates Et Al.
- Author : Supreme Court of New York
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
In this complex litigation arising out of the construction of the Westchester County Courthouse in White Plains, New York, this court must address three separate issues. Subdivision (b) of section 15-108 of the General Obligations Law provides that a release given in good faith by an injured person to one wrongdoer relieves that wrongdoer from liability to any other person for contribution as provided for in CPLR article 14. We must decide in this case if non-settling parties seeking contribution under CPLR article 14 from settling parties have sufficiently alleged causes of action for indemnification against the latter so as to allow the non-settling parties to keep the settling parties in the litigation. We must also decide if allowing a discontinuance with prejudice of the actions among the settling parties and a dismissal of all claims among them will unfairly prejudice or impair the rights of other entities which will remain parties to the litigation. Finally, we must address the question of whether a plaintiff seeking to assert a fraud claim against certain settling parties has sufficiently alleged a cause of action against those parties in light of the absence of a direct relationship between them.