THE COURT put to rest an Article 16 interpretation issue on which Appellate Division departments and even different panels within the First Department had been split, finding permissible the apportionment of damages between a negligent defendant and a jointly and severally liable non-party tortfeasor who engaged in intentional wrongdoing.
The decision must have been met with a sigh of relief by oft-sued New York City, which had appeared as amicus curiae in support of defendant’s position. The New York State Trial Lawyers Association had also appeared as amicus, in support of the plaintiff. In a separate tort decision, the Court articulated a test for determining when a negligence action may be brought by a third party to a services contract.
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