Since July 30, 1986, all actions commenced against defendants in personal injury (but not wrongful death) cases have been subject to the limitations of Article 16 of the Civil Practice Law and Rules. During 24 years of litigating cases under the limitations of Article 16, there have been a number of appellate opinions that further define its scope, but little has been published on the practical application of this statute in defense of highly solvent and well-insured medical malpractice defendants. Mastering the application of Article 16 can help to limit a defendant’s exposure for non-economic loss to his or her equitable share of fault.1
The legislative history of Article 16 was briefly summarized by the Court of Appeals as follows:
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