Michael Mitchell v. New York Hospital, and Third-Party Syska & Hennessy, Inc., Third-Party Defendants-Respondents…

Summary

The Court held that subdivision (c) of section 15-108 of the General Obligations Law, which bars a settling tortfeasor from seeking contribution, may be waived by a settlement agreement signed by all parties. Accordingly, the Hospital’s stipulation to retain its contribution claim was enforceable, and the Appellate Division’s summary‑judgment rulings against the Hospital on contribution were reversed. The Court also affirmed the summary‑judgment ruling granting summary judgment to Syska & Hennessy on the issue of contractual indemnity.