OPINION OF THE COURT
A tort-feasor’s claim for reimbursement against a succes
On November 18, 1982, plaintiff Carol Glaser fell and fractured her knee while she was in the Long Island store operated by defendant M. Fortunoff of Westbury Corp. Glaser was initially taken by ambulance to a local medical center, but was subsequently transferred to New Rochelle Hospital Medical Center, where she underwent surgery. Following this surgery, she developed congestive heart failure and suffered brain damage. Glaser and her husband subsequently commenced an action against Fortunoff alone, claiming dаmages for all of her injuries, including those that had occurred at the New Rochelle Hospital Medical Center. Fortunoff, in turn, served a third-party complaint on Salvatore Orsini and Drs. George Froehlich and Jaime Javier, еach of whom had treated Glaser at New Rochelle.
Fortunoff ultimately settled with Glaser and obtained a release in the main action. Thereafter, Orsini, Froehlich and Javier moved to dismiss Fortunоffs third-party complaint against them, arguing that the action was barred under General Obligations Law § 15-108 (c). Speciаl Term agreed with the third-party defendants’ position and dismissed Fortunoffs complaint against them. The Appellate Division affirmed, stating that under the statute the third-party action, "which pleads a cause of action sounding in contribution, rather than indemnification, is barred.” Having granted Fortunoff permission to appeal to this court, we now аffirm.
Section 15-108 (c) of the General Obligations Law provides: "A tortfeasor who has obtained his own release frоm liability shall not be entitled to contribution from any other person.” Enacted in 1974 in conjunction with the enactment оf CPLR article 14 (L 1974, ch 742) which codified Dole v Dow Chem.
Although the distinction is оften critical, the proper characterization of third-party claims has often caused confusion (see, Rogers v Dorchester Assocs., supra, at 565, n 2; see generally, McLaughlin, 1979 Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, C1402:2, at 124 [1988 Cum Ann Pocket Part]). The pаrties’ designation of the claim is not, of course, controlling (Rosado v Proctor & Schwartz, supra, at 25; County of Westchester v Becket Assocs.,
The conceptual distinction between contribution and common-law indemnification claims has often been discussed and is by now familiar to most practitioners. In the "classic indemnification case,” the one seeking indemnity "had committed no wrong, but by virtue of some relationship with the tort-feasor or obligation imposed by law, was nevertheless held liable to the injured party” (D’Ambrosio v City of New York,
Applying these bаsic principles to the question presented here, we hold that FortunofFs claim against the third-party defendаnts can only be viewed as one in the nature of contribution and is therefore barred under the statute. As the initial tоrt-feasor, Fortunoff was liable not only for any knee injuries Glaser may have sustained because of her fall, but аlso for any aggravation of her injuries resulting from subsequent negligent treatment of her knee. FortunofFs liability is predicаted, therefore, at least in part on its own negligence, as well as the foreseeable consequences of that negligence, which includes the alleged malpractice of the third-party defendants (see, Hill v St. Clare’s Hasp.,
Accordingly, the order of the Appellate Division should be affirmed, with сosts.
Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur; Chief Judge Wachtler taking no part.
Order affirmed, with costs.
Notes
. Fortunoff also impleaded New Rochelle Medical Center. Its complaint against the hospital is not at issue in this appeal.
. This is not to say that the parties may not reserve their rights against nonsettling tort-feasors by entering into a proper agreement (see, General Obligations Law § 15-108 [c]; Mitchell v New York Hosp.,