New York Court of Appeals June 27, 2007 (Mtr of Eighth Jud. Dist. Asbestos Litigation)

OPINION OF THE COURT

Pigott, J.

In this multi-defendant action, Supreme Court erred in failing to disclose to all of the parties the existence of a high-low agreement between the plaintiffs and one of the defendants. Because this error prejudiced the determination of the rights and liabilities of the nonagreeing defendant at trial, a new trial on liability and damages is warranted.

I.