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ARTIBEE v. HOME PLACE CORP.

No. 5.

28 N.Y.3d 739 (2017)

2017 NY Slip Op 01145

CAROL ARTIBEE et al., Appellants, v. HOME PLACE CORPORATION, Respondent.

Court of Appeals of New York.

Decided February 14, 2017.

Attorney(s) appearing for the Case

Towne Ryan & Partners, P.C., Albany ( Robert H. Coughlin, Jr. and James T. Towne, Jr. of counsel), for appellants.

Bailey, Kelleher & Johnson, PC., Albany ( Thomas J. Johnson of counsel), for respondent.

Eric T. Schneiderman , Attorney General, Albany ( Frederick A. Brodie , Barbara D. Underwood and Andrew D. Bing of counsel), for State of New York, amicus curiae.

OPINION OF THE COURT

This appeal presents us with the question of whether the factfinder in Supreme Court may apportion fault to the State under CPLR 1601 (1) when a plaintiff claims that both the State and a private party are liable for noneconomic losses in a personal injury action. We conclude that such apportionment is not...

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