Frank v. Meadowlakes Development Corp.

Green, J.E, and Hurlbutt, J.

(dissenting in part). We fully dissent in part because, unlike the majority, we do not agree with the conclusion of the First Department in Salamone v Wincaf Props. (9 AD3d 127 [2004], lv dismissed 4 NY3d 794 [2005]) that, based upon that Court’s construction of CPLR 1602 (2) (ii), the limitation of liability to a proportionate share of culpability pursuant to CPLR 1601 (1) for a defendant found to be 50% or less liable does not apply to a claim for indemnification against a party found responsible for only 10% of the fault. Thus, unlike the majority, we agree with…