§ 1602 — Application

New York § 1602

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 16: Limited Liability of Persons Jointly Liable

Text

§ 1602. Application. The limitations set forth in this article shall:\n 1. apply to any claim for contribution or indemnification, but shall\nnot include:\n (a) a claim for indemnification if, prior to the accident or\noccurrence on which the claim is based, the claimant and the tortfeasor\nhad entered into a written contract in which the tortfeasor had\nexpressly agreed to indemnify the claimant for the type of loss\nsuffered; or\n (b) a claim for indemnification by a public employee, including\nindemnification pursuant to section fifty-k of the general municipal law\nor section seventeen or eighteen of the public officers law.\n 2. not be construed to impair, alter, limit, modify, enlarge, abrogate\nor restrict (i) the limitations set forth in section twenty-a of the\ncourt of claims act; (ii) any immunity or right of indemnification\navailable to or conferred upon any defendant for any negligent or\nwrongful act or omission; (iii) any right on the part of any defendant\nto plead and prove an affirmative defense as to culpable conduct\nattributable to a claimant or decedent which is claimed by such\ndefendant in the diminution of damages in any action; and (iv) any\nliability arising by reason of a non-delegable duty or by reason of the\ndoctrine of respondeat superior.\n 3. not apply to administrative proceedings.\n 4. not apply to claims under the workers' compensation law or to a\nclaim against a defendant where claimant has sustained a "grave injury"\nas defined in section eleven of the workers' compensation law to the\nextent of the equitable share of any person against whom the claimant is\nbarred from asserting a cause of action because of the applicability of\nthe workers' compensation law provided, however, that nothing in this\nsubdivision shall be construed to create, impair, alter, limit, modify,\nenlarge, abrogate, or restrict any theory of liability upon which any\nperson may be held liable.\n 5. not apply to actions requiring proof of intent.\n 6. not apply to any person held liable by reason of his use,\noperation, or ownership of a motor vehicle or motorcycle, as those terms\nare defined respectively in sections three hundred eleven and one\nhundred twenty-five of the vehicle and traffic law.\n 7. not apply to any person held liable for causing claimant's injury\nby having acted with reckless disregard for the safety of others.\n 8. not apply to any person held liable by reason of the applicability\nof article ten of the labor law.\n 9. not apply to any person held liable for causing claimant's injury\nby having unlawfully released into the environment a substance hazardous\nto public health, safety or the environment, a substance acutely\nhazardous to public health, safety or the environment or a hazardous\nwaste, as defined in articles thirty-seven and twenty-seven of the\nenvironmental conservation law and in violation of article seventy-one\nof such law; provided, however, that nothing herein shall require that\nthe violation of said article by such person has resulted in a criminal\nconviction or administrative adjudication of liability.\n 10. not apply to any person held liable in a product liability action\nwhere the manufacturer of the product is not a party to the action and\nthe claimant establishes by a preponderance of the evidence that\njurisdiction over the manufacturer could not with due diligence be\nobtained and that if the manufacturer were a party to the action,\nliability for claimant's injury would have been imposed upon said\nmanufacturer by reason of the doctrine of strict liability, to the\nextent of the equitable share of such manufacturer.\n 11. not apply to any parties found to have acted knowingly or\nintentionally, and in concert, to cause the acts or failures upon which\nliability is based; provided, however, that nothing in this subdivision\nshall be construed to create, impair, alter, limit, modify, enlarge,\nabrogate, or restrict any theory of liability upon which said parties\nmay be held liable to the claimant.\n 12. in conjunction with the other provisions of this article not be\nconstrued to create or enlarge actions for contribution or indemnity\nbarred because of the applicability of the workers' compensation law of\nthis state, any other state or the federal government, or section 18-201\nof the general obligations law.\n 13. not apply to any person responsible for the disposal or presence\nof hazardous or dangerous materials that is the result of the unlawful\nmanufacture of methamphetamine, when such person has been convicted of\nsection 220.73, 220.74, 220.75 or 220.76 of the penal law.\n 14. not apply to any party held liable for claims arising from the\nfailure to obey or enforce (a) an order of protection or a temporary\norder of protection issued or modified pursuant to article four, five,\nsix, seven, eight or ten of the family court act, section 530.12 of the\ncriminal procedure law, section two hundred forty or two hundred\nfifty-two of the domestic relations law, or (b) an order of protection\nor temporary order of protection issued or modified by a court of\ncompetent jurisdiction in another state, territorial or tribal\njurisdiction.\n