Article 16: the Rubik's Cube of the CPLR
In his New York Practice column, Patrick M. Connors writes that CPLR Article 16, which adjusted the doctrine of joint and several liability, is now stumbling along through its 30th year, and many questions and disputes surrounding its application remain. One thing is certain, however. Those lawyers who have worked diligently to understand and invoke Article 16's provisions have gained a significant advantage for their clients in litigation.
September 22, 2015 at 04:24 PM
12 minute read
Professor David Siegel often told a story about presenting programs on CPLR Article 16 back in 1986, shortly after the law creating an adjustment to the doctrine of joint and several liability was enacted. The legislation was a game changer for the personal injury bar, and interest ran high on the subject throughout the state. Siegel recalled fielding numerous difficult questions on the new law at a program in Albany from a group of attorneys sitting together at a table up front. At the break, Siegel learned that this group worked in the Legislature and many of them actually had a significant hand in drafting Article 16!
If the drafters were confused by this legislation—a Rubik's Cube of sorts— imagine the unrest among the bench and bar. The law is now stumbling along through its 30th year, and many questions and disputes surrounding its application remain. One thing is certain, however. Those lawyers who have worked diligently to understand and invoke Article 16's provisions, both on the plaintiffs' and defendants' side of the equation, have gained a significant advantage for their clients in litigation.
In this piece, we will discuss Article 16's application, and an important decision from the Third Department handed down last month that highlights an area not specifically addressed by the legislation.
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