A tort reform measure that restricts a tortfeasor’s liability to its actual share of the fault when the culpability has been found to be less than 50 percent applies to cases of common law indemnification, a unanimous New York Court of Appeals held Thursday in overturning downstate and upstate precedent.

The court said the legislative objective behind the Tort Reform Act — “to place the risk of a principally-at-fault but impecunious defendant on those seeking recovery and not on a low-fault, deep pocket defendant” — requires subjecting common law indemnification to the same scrutiny. In Frank v. Meadowlakes Development Corp., 38, it reversed a 3-2 panel of the Appellate Division, 4th Department, and a similar holding from the 1st Department.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]