Legal Opinion

Tancredi v. ACandS, Inc.

New York Supreme Court

Decided October 31, 2002PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Helen E. Freedman, J.

These motions and cross motion seeking declaratory relief1 in four asbestos-related personal injury and wrongful death lawsuits2 raise a critical issue about judgment molding3 that affects not only these four actions, but the tens of thousands of *216cases now pending before me in the New York City Asbestos Litigation (NYCAL).3 4 The question is whether, under article 16 of the CPLR, a solvent tortfeasor in a personal injury or wrongful death lawsuit whose percentage of fault is less than 50% must absorb the liability for noneconomic losses of a tortfeasor…

2Cases cited21 opinions

  1. Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
  2. James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
  3. Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
  4. Morgenthau v. ErlbaumNew York Court of Appeals · 1983
  5. Cuomo v. Long Island Lighting Co.New York Court of Appeals · 1988

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3Cited by4 opinions

  1. Artibee v. Home Place CorporationAppellate Division of the Supreme Court of the State of New York · 2015
  2. Artibee v. Home Place CorporationAppellate Division of the Supreme Court of the State of New York · 2015
  3. Bifaro v. Rockwell AutomationDistrict Court, W.D. New York · 2003
  4. Brash v. RichardsNew York Supreme Court · 2010

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