Section 15-108. Release or covenant not to sue  


Latest version.
  • (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.