2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 16 - (1600 - 1603) LIMITED LIABILITY OF PERSONS JOINTLY LIABLE
1601 - Limited liability of persons jointly liable.

 
    §   1601.   Limited   liability   of  persons  jointly  liable.     1.
  Notwithstanding any other provision of law, when a verdict  or  decision
  in  an  action  or claim for personal injury is determined in favor of a
  claimant in an action involving two or more tortfeasors  jointly  liable
  or  in  a  claim  against  the state and the liability of a defendant is
  found to be fifty percent or less of the total liability assigned to all
  persons liable, the liability of such  defendant  to  the  claimant  for
  non-economic  loss  shall  not  exceed  that defendant's equitable share
  determined in accordance with the relative culpability  of  each  person
  causing  or  contributing  to the total liability for non-economic loss;
  provided, however that the culpable conduct of any person not a party to
  the action shall not be considered in determining  any  equitable  share
  herein  if  the  claimant  proves  that with due diligence he or she was
  unable to obtain jurisdiction over such person in said action (or  in  a
  claim against the state, in a court of this state); and further provided
  that  the  culpable  conduct  of  any  person shall not be considered in
  determining any equitable share herein to the extent that action against
  such person is barred because the claimant has not  sustained  a  "grave
  injury" as defined in section eleven of the workers' compensation law.
    2.  Nothing in this section shall be construed to affect or impair any
  right of a tortfeasor under section 15-108 of  the  general  obligations
  law.