RAFAELOVA v. CITY OF NEW YORK


25 A.D.3d 442 (2006)

810 N.Y.S.2d 123

ORA RAFAELOVA et al., Appellants-Respondents, v. CITY OF NEW YORK et al., Respondents, and DOMINGO CORSINO et al., Respondents-Appellants.

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

January 17, 2006.


The motion was properly denied since plaintiff did not plead an exception to CPLR 1601, which operates to limit defendants' liability to their respective equitable shares of fault, and never sought leave to amend her 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, 94...

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