New York Court of Appeals
Robert M. Whalen, Appellant v. Kawasaki Motors Corp., U.S.A., Defendants, and Robinson Cycle Sales, Inc…
October 15, 199892 N.Y.2d 288
Summary
The Court held that Robinson may amend its answer to assert General Obligations Law §15‑108(a) as an affirmative defense, that Robinson did not waive that right by not seeking apportionment against Kawasaki, and that the proper computation of plaintiff's net recovery is the settlement‑first method, resulting in a $65,200 judgment against Robinson.