We note that since our last column, the New York State Senate has confirmed the nomination of Rowan Wilson to fill the vacancy left on the Court of Appeals by the retirement of Judge Eugene F. Pigott. The Court of Appeals is now back at full strength, and we have a Court where all members have been appointed by Gov. Andrew Cuomo.
This month, we discuss a recent decision in which the court grappled with the issue of proportionate liability in situations where both the state and a private party are personal injury defendants. In Artibee v. Home Place, the Court of Appeals held that a non-state defendant is not entitled to apportion fault to the state where the private party and the state are alleged to be jointly liable for a plaintiff’s non-economic losses.
