N.Y. CPLR § 1602

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1602 Application § 1602. Application. The limitations set forth in this article shall:1. apply to any claim for contribution or indemnification, but shallnot include:(a) a claim for indemnification if, prior to the accident oroccurrence on which the claim is based, the claimant and the tortfeasorhad entered into a written contract in which the tortfeasor hadexpressly agreed to indemnify the claimant for the type of losssuffered; or(b) a claim for indemnification by a public employee, includingindemnification pursuant to section fifty-k of the general municipal lawor section seventeen or eighteen of the public officers law.2. not be construed to impair, alter, limit, modify, enlarge, abrogateor restrict (i) the limitations set forth in section twenty-a of thecourt of claims act; (ii) any immunity or right of indemnificationavailable to or conferred upon any defendant for any negligent orwrongful act or omission; (iii) any right on the part of any defendantto plead and prove an affirmative defense as to culpable conductattributable to a claimant or decedent which is claimed by suchdefendant in the diminution of damages in any action; and (iv) anyliability arising by reason of a non-delegable duty or by reason of thedoctrine of respondeat superior.3. not apply to administrative proceedings.4. not apply to claims under the workers' compensation law or to aclaim against a defendant where claimant has sustained a "grave injury"as defined in section eleven of the workers' compensation law to theextent of the equitable share of any person against whom the claimant isbarred from asserting a cause of action because of the applicability ofthe workers' compensation law provided, however, that nothing in thissubdivision shall be construed to create, impair, alter, from asserting a cause of action because of the applicability ofthe workers' compensation law provided, however, that nothing in thissubdivision shall be construed to create, impair, alter, limit, modify,enlarge, abrogate, or restrict any theory of liability upon which anyperson may be held liable.5. not apply to actions requiring proof of intent.6. not apply to any person held liable by reason of his use,operation, or ownership of a motor vehicle or motorcycle, as those termsare defined respectively in sections three hundred eleven and onehundred twenty-five of the vehicle and traffic law.7. not apply to any person held liable for causing claimant's injuryby having acted with reckless disregard for the safety of others.8. not apply to any person held liable by reason of the applicabilityof article ten of the labor law.9. not apply to any person held liable for causing claimant's injuryby having unlawfully released into the environment a substance hazardousto public health, safety or the environment, a substance acutelyhazardous to public health, safety or the environment or a hazardouswaste, as defined in articles thirty-seven and twenty-seven of theenvironmental conservation law and in violation of article seventy-oneof such law; provided, however, that nothing herein shall require thatthe violation of said article by such person has resulted in a criminalconviction or administrative adjudication of liability.10. not apply to any person held liable in a product liability actionwhere the manufacturer of the product is not a party to the action andthe claimant establishes by a preponderance of the evidence thatjurisdiction over the manufacturer could not with due diligence beobtained and that if the manufacturer were a party to the action,liability for claimant's injury would have been imposed upon saidmanufacturer by reason of the doctrine of strict liability, to theextent of the the manufacturer were a party to the action,liability for claimant's injury would have been imposed upon saidmanufacturer by reason of the doctrine of strict liability, to theextent of the equitable share of such manufacturer.11. not apply to any parties found to have acted knowingly orintentionally, and in concert, to cause the acts or failures upon whichliability is based; provided, however, that nothing in this subdivisionshall be construed to create, impair, alter, limit, modify, enlarge,abrogate, or restrict any theory of liability upon which said partiesmay be held liable to the claimant.12. in conjunction with the other provisions of this article not beconstrued to create or enlarge actions for contribution or indemnitybarred because of the applicability of the workers' compensation law ofthis state, any other state or the federal government, or section 18-201of the general obligations law.13. not apply to any person responsible for the disposal or presenceof hazardous or dangerous materials that is the result of the unlawfulmanufacture of methamphetamine, when such person has been convicted ofsection 220.73, 220.74, 220.75 or 220.76 of the penal law.14. not apply to any party held liable for claims arising from thefailure to obey --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only or enforce (a) an order of protection or a temporaryorder of protection issued or modified pursuant to article four, five,six, seven, eight or ten of the family court act, section 530.12 of thecriminal procedure law, section two hundred forty or two hundredfifty-two of the domestic relations law, or (b) an order of protectionor temporary order of protection issued or modified by a court ofcompetent jurisdiction in another state, territorial or tribaljurisdiction. CPLR § 1602 Page 2