N.Y. Civil Practice Law & Rules § 1602: Application

§ 1602. Application. The limitations set forth in this article shall:

1. apply to any claim for contribution or indemnification, but shall

not include:

(a) a claim for indemnification if, prior to the accident or

occurrence on which the claim is based, the claimant and the tortfeasor

had entered into a written contract in which the tortfeasor had

expressly agreed to indemnify the claimant for the type of loss

suffered; or

(b) a claim for indemnification by a public employee, including

indemnification pursuant to section fifty-k of the general municipal law

or section seventeen or eighteen of the public officers law.

2. not be construed to impair, alter, limit, modify, enlarge, abrogate

or restrict (i) the limitations set forth in section twenty-a of the

court of claims act; (ii) any immunity or right of indemnification

available to or conferred upon any defendant for any negligent or

wrongful act or omission; (iii) any right on the part of any defendant

to plead and prove an affirmative defense as to culpable conduct

attributable to a claimant or decedent which is claimed by such

defendant in the diminution of damages in any action; and (iv) any

liability arising by reason of a non-delegable duty or by reason of the

doctrine of respondeat superior.

3. not apply to administrative proceedings.

4. not apply to claims under the workers' compensation law or to a

claim against a defendant where claimant has sustained a "grave injury"

as defined in section eleven of the workers' compensation law to the

extent of the equitable share of any person against whom the claimant is

barred from asserting a cause of action because of the applicability of

the workers' compensation law provided, however, that nothing in this

subdivision shall be construed to create, impair, alter, limit, modify,

enlarge, abrogate, or restrict any theory of liability upon which any

person may be held liable.

5. not apply to actions requiring proof of intent.

6. not apply to any person held liable by reason of his use,

operation, or ownership of a motor vehicle or motorcycle, as those terms

are defined respectively in sections three hundred eleven and one

hundred twenty-five of the vehicle and traffic law.

7. not apply to any person held liable for causing claimant's injury

by having acted with reckless disregard for the safety of others.

8. not apply to any person held liable by reason of the applicability

of article ten of the labor law.

9. not apply to any person held liable for causing claimant's injury

by having unlawfully released into the environment a substance hazardous

to public health, safety or the environment, a substance acutely

hazardous to public health, safety or the environment or a hazardous

waste, as defined in articles thirty-seven and twenty-seven of the

environmental conservation law and in violation of article seventy-one

of such law; provided, however, that nothing herein shall require that

the violation of said article by such person has resulted in a criminal

conviction or administrative adjudication of liability.

10. not apply to any person held liable in a product liability action

where the manufacturer of the product is not a party to the action and

the claimant establishes by a preponderance of the evidence that

jurisdiction over the manufacturer could not with due diligence be

obtained and that if the manufacturer were a party to the action,

liability for claimant's injury would have been imposed upon said

manufacturer by reason of the doctrine of strict liability, to the

extent of the equitable share of such manufacturer.

11. not apply to any parties found to have acted knowingly or

intentionally, and in concert, to cause the acts or failures upon which

liability is based; provided, however, that nothing in this subdivision

shall be construed to create, impair, alter, limit, modify, enlarge,

abrogate, or restrict any theory of liability upon which said parties

may be held liable to the claimant.

12. in conjunction with the other provisions of this article not be

construed to create or enlarge actions for contribution or indemnity

barred because of the applicability of the workers' compensation law of

this state, any other state or the federal government, or section 18-201

of the general obligations law.

13. not apply to any person responsible for the disposal or presence

of hazardous or dangerous materials that is the result of the unlawful

manufacture of methamphetamine, when such person has been convicted of

section 220.73, 220.74, 220.75 or 220.76 of the penal law.

14. not apply to any party held liable for claims arising from the

failure to obey or enforce (a) an order of protection or a temporary

order of protection issued or modified pursuant to article four, five,

six, seven, eight or ten of the family court act, section 530.12 of the

criminal procedure law, section two hundred forty or two hundred

fifty-two of the domestic relations law, or (b) an order of protection

or temporary order of protection issued or modified by a court of

competent jurisdiction in another state, territorial or tribal

jurisdiction.