An attorney representing the interests of a party subject to or asserting a contribution claim would be well advised to become well versed with the entirety of CPLR 1402. While it is sometimes erroneously believed that a defendant/third-party plaintiff tortfeasor can just “pass through” 100 percent of their exposure via a contribution claim, there are severe limitations on such a “pass through” scenario imposed by CPLR 1402. An understanding of the nuances of CPLR 1402 is critical in evaluating the contribution obligations of any party subject to or asserting a contribution claim in any action seeking to recover non-economic loss.
CPLR 1402 provides “that the amount of contribution to which a person is entitled shall be the excess paid by him over and above his equitable share of the judgment recovered by the injured party; but no person shall be required to contribute an amount greater than his equitable share.” Further, this section provides that “equitable share shall be determined in accordance with the relative culpability of each person liable for contribution.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
