2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 16 - (1600 - 1603) LIMITED LIABILITY OF PERSONS JOINTLY LIABLE
1602 - Application.

 
    § 1602. Application. The limitations set forth in this article shall:
    1.  apply  to any claim for contribution or indemnification, but shall
  not include:
    (a)  a  claim  for  indemnification  if,  prior  to  the  accident  or
  occurrence  on which the claim is based, the claimant and the tortfeasor
  had entered  into  a  written  contract  in  which  the  tortfeasor  had
  expressly  agreed  to  indemnify  the  claimant  for  the  type  of loss
  suffered; or
    (b) a claim  for  indemnification  by  a  public  employee,  including
  indemnification pursuant to section fifty-k of the general municipal law
  or section seventeen or eighteen of the public officers law.
    2. not be construed to impair, alter, limit, modify, enlarge, abrogate
  or  restrict  (i)  the  limitations set forth in section twenty-a of the
  court of claims act; (ii)  any  immunity  or  right  of  indemnification
  available  to  or  conferred  upon  any  defendant  for any negligent or
  wrongful act or omission; (iii) any right on the part of  any  defendant
  to  plead  and  prove  an  affirmative  defense  as  to culpable conduct
  attributable to  a  claimant  or  decedent  which  is  claimed  by  such
  defendant  in  the  diminution  of  damages  in any action; and (iv) any
  liability arising by reason of a non-delegable duty or by reason of  the
  doctrine of respondeat superior.
    3. not apply to administrative proceedings.
    4.  not  apply  to  claims under the workers' compensation law or to a
  claim against a defendant where claimant has sustained a "grave  injury"
  as  defined  in  section  eleven of the workers' compensation law to the
  extent of the equitable share of any person against whom the claimant is
  barred from asserting a cause of action because of the applicability  of
  the  workers'  compensation  law provided, however, that nothing in this
  subdivision shall be construed to create, impair, alter, limit,  modify,
  enlarge,  abrogate,  or  restrict any theory of liability upon which any
  person 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 terms
  are  defined  respectively  in  sections  three  hundred  eleven and one
  hundred twenty-five of the vehicle and traffic law.
    7. not apply to any person held liable for causing  claimant's  injury
  by having acted with reckless disregard for the safety of others.
    8.  not apply to any person held liable by reason of the applicability
  of article ten of the labor law.
    9. not apply to any person held liable for causing  claimant's  injury
  by having unlawfully released into the environment a substance hazardous
  to  public  health,  safety  or  the  environment,  a  substance acutely
  hazardous to public health, safety or the  environment  or  a  hazardous
  waste,  as  defined  in  articles  thirty-seven  and twenty-seven of the
  environmental conservation law and in violation of  article  seventy-one
  of  such  law; provided, however, that nothing herein shall require that
  the violation of said article by such person has resulted in a  criminal
  conviction or administrative adjudication of liability.
    10.  not apply to any person held liable in a product liability action
  where the manufacturer of the product is not a party to the  action  and
  the  claimant  establishes  by  a  preponderance  of  the  evidence that
  jurisdiction over the manufacturer  could  not  with  due  diligence  be
  obtained  and  that  if  the  manufacturer  were  a party to the action,
  liability for claimant's  injury  would  have  been  imposed  upon  said
  manufacturer  by  reason  of  the  doctrine  of strict liability, to the
  extent of the equitable share of such manufacturer.

    11. not apply  to  any  parties  found  to  have  acted  knowingly  or
  intentionally,  and in concert, to cause the acts or failures upon which
  liability is based; provided, however, that nothing in this  subdivision
  shall  be  construed  to  create, impair, alter, limit, modify, enlarge,
  abrogate,  or  restrict  any theory of liability upon which said parties
  may be held liable to the claimant.
    12. in conjunction with the other provisions of this  article  not  be
  construed  to  create  or  enlarge actions for contribution or indemnity
  barred because of the applicability of the workers' compensation law  of
  this state, any other state or the federal government, or section 18-201
  of the general obligations law.
    13.  not  apply to any person responsible for the disposal or presence
  of hazardous or dangerous materials that is the result of  the  unlawful
  manufacture  of  methamphetamine, when such person has been convicted of
  section 220.73, 220.74, 220.75 or 220.76 of the penal law.