SPECTOR V. K-MART CORPORATION
471 N.Y.S.2d 711 (1984)
NATURE OF THE CASE: SmithKline (D1) appealed a denial of its motion to dismiss K-Mart's
(D) third-party complaint against D in Spector's (P) product liability case.
FACTS: 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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