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MARTINEZ v. ROYAL-PAK SYSTEMS

6 A.D.3d 297 (2004)

775 N.Y.S.2d 135

MANUEL MARTINEZ, Appellant, v. ROYAL-PAK SYSTEMS et al., Respondents. ROYAL-PAK SYSTEMS, Third-Party Plaintiff-Respondent, v. PRC MANAGEMENT CORP., Third-Party Defendant-Respondent.

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

April 22, 2004.

The motion was properly denied where plaintiff did not plead an exception to CPLR 1601 limiting defendants' liability to their respective equitable shares of fault, and never sought leave to amend his pleadings to include such exception until after the verdict was rendered and the jury was discharged (see Cole v Mandell Food Stores, 93 N.Y.2d 34, 39-40 [1999]; Morales v County of Nassau...

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