Spector v. K-Mart Corporation

471 N.Y.S.2d 711 (1984)


P was injured by taking D1's drug that were sold by D. P executed a general release to D1 in which he settled all of his claims for damages for personal injuries arising out of the ingestion of selacryn 'including, but not limited to, all liability for contribution and/or indemnity.' D1 paid $40,000. P then commenced an action against D for negligence, strict products liability and breach of warranty. D served a third-party summons and complaint upon D1 seeking contribution or indemnification. D1 motioned to dismiss based on its release.  The court denied the motion. D1 appealed. D1 reasons that since the subject release, by its terms, also released D, both the principal action and third-party action must fall.