N.Y. CPLR § 1601

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1601 Limited liability of persons jointly liable. 1.Notwithstanding any other provision of law, when a verdict or decisionin § 1601. Limited liability of persons jointly liable. 1.Notwithstanding any other provision of law, when a verdict or decisionin an action or claim for personal injury is determined in favor of aclaimant in an action involving two or more tortfeasors jointly liableor in a claim against the state and the liability of a defendant isfound to be fifty percent or less of the total liability assigned to allpersons liable, the liability of such defendant to the claimant fornon-economic loss shall not exceed that defendant's equitable sharedetermined in accordance with the relative culpability of each personcausing or contributing to the total liability for non-economic loss;provided, however that the culpable conduct of any person not a party tothe action shall not be considered in determining any equitable shareherein if the claimant proves that with due diligence he or she wasunable to obtain jurisdiction over such person in said action (or in aclaim against the state, in a court of this state); and further providedthat the culpable conduct of any person shall not be considered indetermining any equitable share herein to the extent that action againstsuch person is barred because the claimant has not sustained a "graveinjury" as defined in section eleven of the workers' compensation law.2. Nothing in this section shall be construed to affect or impair anyright of a tortfeasor under section 15-108 of the general obligationslaw.