New York Court of Appeals
Erwin E. Plath v. Rose M. Justus
February 17, 197128 N.Y.2d 16
Summary
The Court affirmed the Appellate Division, holding that a settlement release which reserves the plaintiff's right to sue other parties is a covenant not to sue, not a general release, and therefore does not bar a wrongful‑death action against the vehicle owner under section 388 of the Vehicle and Traffic Law. The decision rests on construing the parties' intent as expressed in the release.