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SALAMONE v. WINCAF PROPS.

9 A.D.3d 127 (2004)

777 N.Y.S.2d 37

ANDREA SALAMONE et al., Plaintiffs, v. WINCAF PROPERTIES, INC., Defendant and Third-Party Plaintiff-Appellant. JOSEPH RUSSO et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. (And Another Action.)

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

April 29, 2004.

Attorney(s) appearing for the Case

Barry, McTiernan & Moore (Roger P. McTiernan and Anthony J. McNulty of counsel), for appellant.

Molod, Spitz, DeSantis & Stark, P.C. (Marcy Sonneborn and Linda A. Stark of counsel), for respondents.

ANDRIAS, J.P., SAXE, ELLERIN and LERNER, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

Under the common-law rule of joint and several liability, where the acts of several tortfeasors coincide to cause injury to a plaintiff, any one of those tortfeasors may be held liable for the entire amount of damages, no matter how small that tortfeasor's proportionate share of the fault (see Sommer v Federal Signal Corp., 79 N.Y.2d 540, 556 [1992]). In 1986, the Legislature, acting...

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