N.Y. Civil Practice Law & Rules § 1601: Limited liability of persons jointly liable

§ 1601. Limited liability of persons jointly liable. 1.

Notwithstanding any other provision of law, when a verdict or decision

in an action or claim for personal injury is determined in favor of a

claimant in an action involving two or more tortfeasors jointly liable

or in a claim against the state and the liability of a defendant is

found to be fifty percent or less of the total liability assigned to all

persons liable, the liability of such defendant to the claimant for

non-economic loss shall not exceed that defendant's equitable share

determined in accordance with the relative culpability of each person

causing or contributing to the total liability for non-economic loss;

provided, however that the culpable conduct of any person not a party to

the action shall not be considered in determining any equitable share

herein if the claimant proves that with due diligence he or she was

unable to obtain jurisdiction over such person in said action (or in a

claim against the state, in a court of this state); and further provided

that the culpable conduct of any person shall not be considered in

determining any equitable share herein to the extent that action against

such person is barred because the claimant has not sustained a "grave

injury" as defined in section eleven of the workers' compensation law.

2. Nothing in this section shall be construed to affect or impair any

right of a tortfeasor under section 15-108 of the general obligations

law.