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.
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