BITTROLFF v. CONT'L INS.


212 A.D.2d 416 (1995)

622 N.Y.S.2d 690

Brian Bittrolff, Respondent, v. Continental Insurance, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 14, 1995


CPLR article 16 does not limit defendant's liability to the 35% share apportioned against its insured in the underlying action, where, although the claim against defendant's insured was asserted by an amended complaint after the effective date of article 16, the commencement of the action against other defendants preceded such date (see, Noble v Ambrosio, 151 Misc.2d 276, 282). To hold otherwise would in certain cases...

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