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Although it has been the law of this state for more than 15 years, it is only in recent years that the impact of CPLR Article 16 has begun to be felt. Hastily passed in the middle of the legislative morass of tort reform in the mid-1980s, Article 16 was posited as a limited encroachment on the common law rule of joint and several liability.[1] Section 1601 provides that a defendant may only be held jointly and severally liable for noneconomic damages if he is held more than 50 percent liable. Defendants remain subject to full joint and several liability for all economic damages, regardless of their percentage of liability.

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