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VAN VLACK v. BAKER

242 A.D.2d 704 (1997)

663 N.Y.S.2d 49

Brian R. Van Vlack, Respondent, v. Robert P. Baker et al., Defendants, and Steven Martens et al., Appellants

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

September 29, 1997

Ordered that the order is reversed, on the law, with costs, and the defendants' motions are granted.

There is no merit to the plaintiff's contention that the defendants Steven Martens and Christopher Shultz, each of whom was found by a jury to be 15% at fault for the plaintiff's injuries under General Obligations Law § 11-100 (the social host statute), may not benefit from the protection afforded by CPLR 1601. CPLR 1601 limits the liability of a defendant found...

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