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MORALES v. COUNTY OF NASSAU

94 N.Y.2d 218 (1999)

724 N.E.2d 756

703 N.Y.S.2d 61

BENITA N. MORALES, Appellant, v. COUNTY OF NASSAU, Respondent.

Court of Appeals of the State of New York.

Decided December 2, 1999.

Attorney(s) appearing for the Case

David Samel, Cedarhurst, and Nathaniel M. Swergold for appellant.

Devitt, Spellman, Barrett, Callahan, Leyden & Kenney, L. L. P., Smithtown (L. Kevin Sheridan and Thomas J. Spellman, Jr., of counsel), for respondent.

Swidler Berlin Shereff Friedman, L. L. P., New York City (Benjamin E. Rosenberg of counsel), and Swidler Berlin Shereff Friedman, L. L. P., Washington D.C. (Morton J. Posner of counsel), for My Sister's Place and others, amici curiae.

Michael D. Hess, Corporation Counsel of New York City (Larry A. Sonnenshein and Julian L. Kalkstein of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

CIPARICK, J.

This case raises two questions under CPLR article 16, which in certain circumstances limits a tortfeasor's joint liability. First, does plaintiff's failure to plead statutory exemptions to article 16 prevent this Court from reviewing their applicability? We conclude that it does. Second, does the public policy favoring enforcement of orders of protection override article 16? We conclude that it does not. The Legislature...

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