93 A.D.2d 934 | N.Y. App. Div. | 1983
— Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered June 22, 1982 in Albany County, which denied the motion of defendants Chrysler Motors Corporation and Chrysler Corporation for (a) leave to serve an amended answer raising the affirmative defenses that plaintiffs entered into a settlement agreement with defendant Gary Paone and that any judgment must be reduced by the amount of that settlement or Paone’s apportioned share of liability, (b) an examination before trial of Paone’s insurer, Travelers Insurance Company, and (c) discovery and inspection of Travelers’ claims file regarding Paone. On November 28, 1975, Gary Paone drove his car into the rear of a car containing Earl Blasch and other members of his family. The Blasch car, which was manufactured by defendant Chrysler, burst into flames, killing Laverne Blasch and seriously injuring the others. Initially, an action by Earl Blasch was commenced against Paone who was found guilty of criminally negligent homicide as a result of this incident. That action was thereafter discontinued and a new action brought against Paone, Chrysler Motors Corporation and others. Thereafter Paone’s insurer, Travelers Insurance Company (Travelers), paid the full limits of its policy but on inquiry stated that the money was an advance payment against any future judgment and the discontinuance was merely in preparation for the new lawsuit. Concededly, no written release was executed. Some nine months after receiving answers to supplemental interrogatories concerning the discontinuance of the first action, Chrysler Motors Corporation and Chrysler Corporation moved for leave to serve a supplemental answer raising the affirmative