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FRANK v. MEADOWLAKES DEV CORP.

6 N.Y.3d 687 (2006)

849 N.E.2d 938

816 N.Y.S.2d 715

STEPHEN R. FRANK et al., Plaintiffs, v. MEADOWLAKES DEVELOPMENT CORPORATION et al., Defendants. MEADOWLAKES DEVELOPMENT CORPORATION, Third-Party Plaintiff-Respondent, v. HOME INSULATION AND SUPPLY, INC., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided March 30, 2006.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City (David B. Hamm of counsel), for third-party defendant-appellant.

Law Offices of John Quackenbush, Buffalo (John Wallace and Joseph A. Wilson of counsel), for Meadowlakes Development Corporation, defendant and third-party plaintiff-respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

G.B. SMITH, J.

The issue here is whether a tortfeasor whose liability is determined to be 50% or less can be found responsible for total indemnification of noneconomic loss despite CPLR article 16.* We hold that a third-party defendant found to have only one ninth of the tortfeasors' total fault should be responsible...

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