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This entry was published on 2014-09-22
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SECTION 15-108
Release or covenant not to sue
General Obligations (GOB) CHAPTER 24-A, ARTICLE 15, TITLE 1
§ 15-108. Release or covenant not to sue. (a) Effect of release of or
covenant not to sue tortfeasors. When a release or a covenant not to sue
or not to enforce a judgment is given to one of two or more persons
liable or claimed to be liable in tort for the same injury, or the same
wrongful death, it does not discharge any of the other tortfeasors from
liability for the injury or wrongful death unless its terms expressly so
provide, but it reduces the claim of the releasor against the other
tortfeasors to the extent of any amount stipulated by the release or the
covenant, or in the amount of the consideration paid for it, or in the
amount of the released tortfeasor's equitable share of the damages under
article fourteen of the civil practice law and rules, whichever is the
greatest.

(b) Release of tortfeasor. A release given in good faith by the
injured person to one tortfeasor as provided in subdivision (a) relieves
him from liability to any other person for contribution as provided in
article fourteen of the civil practice law and rules.

(c) Waiver of contribution. A tortfeasor who has obtained his own
release from liability shall not be entitled to contribution from any
other person.

(d) Releases and covenants within the scope of this section. A release
or a covenant not to sue between a plaintiff or claimant and a person
who is liable or claimed to be liable in tort shall be deemed a release
or covenant for the purposes of this section only if:

(1) the plaintiff or claimant receives, as part of the agreement,
monetary consideration greater than one dollar;

(2) the release or covenant completely or substantially terminates the
dispute between the plaintiff or claimant and the person who was claimed
to be liable; and

(3) such release or covenant is provided prior to entry of judgment.