Here is an article on the changes to General Obligations Law section 15-108 by Patrick D. Bonner, Jr.
"Section 15-108 of the New York General Obligations Law (GOL) is a statute near and dear to any practitioner defending personal injury or product liability lawsuits in New York. The statute establishes the rules for apportionment of damages and contribution claims among joint tortfeasors in the situation where one defendant in a multidefendant lawsuit has settled prior to trial.
Recently, the New York State Legislature enacted an important amendment to GOL §15-108,1 effective July 4, 2007, that potentially may impact the way these cases are defended. The amendment – which adds a subsection (d) to §15-108 – removes from the scope of the statute (1) releases and covenants for less than one dollar; (2) releases and covenants that fail to "completely or substantially" terminate the dispute; and (3) such releases or covenants provided subsequent to the entry of judgment.
This article examines the legal and practical changes the amendment will have on the operation of §15-108 in connection with the defense and potential settlement of personal injury cases in New York. More specifically, the article discusses how the new amendment has the practical effect of shifting the burden to defendants, especially those with deep pockets, with regard to the collection of money judgments against released tortfeasors, as well as some of the unintended pitfalls that the amendment may create for defense counsel. "