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RANGOLAN v. COUNTY OF NASSAU

96 N.Y.2d 42 (2001)

749 N.E.2d 178

725 N.Y.S.2d 611

NEVILLE RANGOLAN et al., Respondents, v. COUNTY OF NASSAU et al., Appellants.

Court of Appeals of the State of New York.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley, Garden City (James J. Keefe, Jr., of counsel), and Alfred F. Samenga, County Attorney of Nassau County, Mineola, for appellants.

Ginsberg & Broome, P. C., New York City (Robert M. Ginsberg of counsel), for respondents.

Robert & Robert, L. L. P., Melville (Clifford S. Robert of counsel), and Lenore Kramer, New York City, for New York State Trial Lawyers Association, amicus curiae.

Michael D. Hess, Corporation Counsel of New York City (Paul L. Herzfeld, Francis F. Caputo and Stephen J. McGrath of counsel), for City of New York, amicus curiae.

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

OPINION OF THE COURT

CIPARICK, J.

Under CPLR article 16, a defendant may apportion its liability for noneconomic damages among other tortfeasors provided that it is 50% or less at fault (CPLR 1601 [1]). The issue before us, as certified by the United States Court of Appeals for the Second Circuit, is whether CPLR 1602 (2) (iv) precludes apportionment where a defendant's liability arises from a breach of a...

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