Castracane v Kasmier

Holding The court held that a release by an injured party does not preclude common-law indemnification claims against a settling tortfeasor, but such claims are unavailable where the non-settling parties are alleged to have committed their own independent acts of negligence. Because the defendants’ liability was based on their direct negligence rather than vicarious liability for the settler’s conduct, the cross-claims for common-law indemnification were properly dismissed.

The court’s words

a release executed by an injured party relieves the settling tortfeasor from liability to nonsettling parties for contribution pursuant to CPLR article 14, but does not preclude claims against the settling tortfeasor for common-law indemnification

2026 NY Slip Op 05447, at the official text

The remedy is available only to a party who is without fault but is nonetheless held liable by operation of law or by virtue of its relationship to the negligent party

2026 NY Slip Op 05447, at the official text

a party who has itself actually participated to some degree in the wrongdoing cannot receive the benefit of the doctrine

2026 NY Slip Op 05447, at the official text

the right to common-law indemnification does not arise merely by alleging that another tortfeasor is more culpable or even wholly responsible for the plaintiff's injuries

2026 NY Slip Op 05447, at the official text